Maharashtra lrrigation Act, 1976

GOVERNMENT OF MAHARASHTRA LOW AND JUDICIARY DEPARTMENT Mahrashtra Act No. XXXVIII of 1976 ( The Maharashtra lrrigation Act, 1976 ) BOMBAY PRINTED AT THE GOVERNMENT GENERAL PRESS 1977 1976 : Mah. XXXVIHJ I THE MAHARASHTRA IRRIGATION ACT, 1976. PREAMBLE SECTIONS CONTENTS. PART l PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. 3. Lands under irrigable command of canal. 4. Wetland. Irriagtion 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 9621 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. Cflna/ crossings 18. Means of crossing canals to be provided and obstruction to drainage to be avoided. Removal of obstruc~ions to drainage 19. Appropriate Authority 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. H 4?.06-1 I . 't<W· ' J 9622 SECTIONS Maharashtra Irrigation Act, 1976 [1976: Mab. XX:XVIll PART IV FIELD-CHANNELS Co11structio11 of field-cha1111els. 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 constructi'On of field-channels. Rights and obligations of owners of field-cha1111ef 27. Obligation of owner of field-channel. 28. Arrangement with owner by other person. ~ 29. C',anal Officer after enquiry may authorise supply or declare applicant to be joint owner. 30. Prohibition of land acquired for field-channel for other purpL1se ; 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. Chancellation of sanction to supply of water for failure to maintain field channels. 33. Person using field-channel to pay share of expenses of repair. Schemes for compulsory construction of field-chaw1els 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-channe1;;. 40. Mode of payment of cost of construction of field-channels, etc. 41. Power of Appropriate Authority to direct preparation of schern$ in public interest. Settlement of disputes concer11i11g field-channels 42. Settlement of disputes a~ to mutual rights and liabilities of persorns interested in field-channels. 43. Provisions of this Part not to apply to field-channels constructed under Born. XXVIII of 1942. PART V AcQu1s1noN OF LAND 44. Acquisition of land for canals and field-channels. PART VI . SUPPLY OF \VATER Chapter I General ProvisLms for S11pplr of Water 45. Application of this Chapter for supply of water under Chapters II to V. 46. Modes of supply of canai water, power to charge minimum rate. 41. Power of Appropriate Authority to regulate sowing planting or ~rowing of crops during specified period on lands under irrigable command of canal. 1976: Mah. XXXVllIJ Maharashtra Irrigation A.ct, 1976 SECTIONS 48. Power to fi·x ceiling on area of crops. Provisions as to supply Power to stop water. · Duration of supply. 962.~ 49. 50. 51. Agreement for supply of water of which supply is given, etc. transferable vyi.th property in respect • O~casional rates 52. Liability when person using water um~tho risedlY,. cannbt be identified. 53. Liability whon water runs to waste. · · \ 54. Charges recoverable in addition to ~nalties. Perco/at ion and leakage rares · 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 oO. Supply of water on volumetric basis and formation of Water Committee. Chapter IV Supply of Water under /rrigution 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 oceupi~r 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 .. H4206-la 9624 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 rand, 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 preferred 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 Paris/tad. PART IX 0RTAINING L~BOUR FOR CANALS ON EMERGENCIES 90. Procedure for obtaining labour for works or repairs urgently required. 9L List of Labourers. 92. Reports to be made by Canal Officer. PART X PENALTIES 93. Penalty tor d&m&.ging canal, etc. 94. Penalty for endangering stability of canal, etc. 95. Obstruction to be removed and damage repaired. 96. Persons employ'!d 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. Ahetment. 100. Reward to informants. IOI. Compensation to private persons injured. 102. Compounding of offences. 1976 : Mah. XXXVIII] SECTIONS Mahara.>htra Irrigation Act, 1976 PART XI APPEAL AND REVISION 103. Appeal and revision. PART XII MISCELLANEOUS 104. Suits barred in certain cases. 9625 105. Excavation of wells in lands under irrigable command of canal to be intimated. 106. Right in tank bed lands, fishing and plying of vessels in tanks, etc., controlled or maintained by Appropriate Authority to vest in Approprijlte Authority. 107. Prohibition of mining, or quarrying operations. 108. Recovery of cost of repairing damage when offender is unascertainable. 109. Power to summon and ell.amine 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 servant 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 increasing 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 p~tty repairs. 127. Power to enforce rights and obligations. 128. Duty of 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. 131. Repeal and saving. PART XIV REPEAL AND SAVING . 9627 MAHARASHTRA ACT No. XXXVIII OF 19761 (THE MAHARASHTRA IRRIGATION ACT, 1976] [5th August 1976] An Act to unify and amend the Jaw relating to irrigation in the State of Maharashtra WHEREAS it is expedient to unify and amend the law relating to irrigation in the Stak of Maharashtra, to provide for charging water rates on lands under the irrigable command of canals and to provide for matters connected therewi1h ; 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. Short title, extent and (2) It extends to the whole of the State of Maharashtra. commence (3) It shall come into force on such date as the State Government rriay, by notifica· tion in the Official Gazette, appoint. ment. 2. In this Act, unless the context otherwise requires,- Dcfinitiot1s. (I) " alienated " means transferred in so far as the rights of the State Govern ment to payment of rent or 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 Pari.rhad respectively ; (3) " canal " includes (a) all canals, channels, pipes, tube wells, domestic water-supply works and reservoirs constructed, maintained or controlled by the Approprii1te 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 field-channels, wat~r courses, drainage-works and flood embankments as hereinafter respectively defined or explained in this Act ; '\ (d) any part of a river (including its tributaries), stream, lake, natural colloc 1\ tion 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 1 used before the commencement of this Act for the purposes of any existing canal; ~~~~~~~--·~~~~~~~~~~~~~~~~~~~~~~~~~ 1 :For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1975, Part V Extra, pp. 71-129; for Report of the Joint Committee, see Maharashtra Government Gazette, 1976 Part V, Extra, pp. 39-10.f: 9628 Maharashtra lrrigatio11 Act, 1976 (1976 : Mah. XXXVIJI (e) all land belonging to, or held by, or entrusted to, the Appropriate Authority which is situate on a bank of any canal as herein before defined, and which has been appropriated under the orders of such Appropriate Authority for the pur poses 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 Govern ment 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 purpose of this Act specified in the order and also includes a person acting under the general or special order of such Canal Officer ; (5) '.' canal revenue " includes all sums payable to the Appropriate Authority for the use, right to use, or waste, of water from a canal ; (6) " Collector " includes any officer appointed by the State Government to exercise all or any of the powers of a Collector under this Act ; (7) " Company " means a company owned or controlled by the State .... which is set up for the purpose among other things of promoting, investigating, establishing, executing, installing, maintaining, managing or administering schemes for the purpose of irrigation or in relation to any irrigation project, in order to . effect increase in irrigation potential and agricultural production in the State; and the Company shall, for the purposes of this Act, function as the a~.ent 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 the discharge of waste or surplus water and all works connected with or a1:1xiliary to such channels; (b) escape channels from a canal, dams, weirs, embankments, sluices, groins and other works connected therewith; and (c) any work in connection with a system of irrigation or reclamation made or improved by the Appropriate Authority for the purpose of drainage of any area including work5 for the disposal of effluent from the sewage disposal schemes within the command of a canal undertaken by any person duly authorised in this behalf, but does not include works for the removal of sewage from any area ~ within the limits of any local authority; (JO)" field-channel" means a channel beyond an outlet from a point from where it runs in its own command, either constructed by the holders or occupiers or constructed by the Appropriate Authority on their behalf and maintained by such holders or occupiers beyond the outlet; (11) " flood e111bankment " means any embankment constructed or maintained by an Appropriate Authority in connection with any system of irrigation or reclamation works for the protection of hinds from inundation or which 1976 : Mah. XXXVJII] Maharashtra lrrfgation Act, 1976 9629 Born. VII of 1879. I may be declared by the Appropriate Authority to be maintained in connection with any such system, and include.s all groins, spurs, dams and other protective works connected with such embankments; (12) "holder", in relation to land, means the person who is lawfully in actual possession of land as owner or tenant and includes a Government lessee; (I 3) " 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, its the case may be, shall be deemed to be the 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 Authority 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 a Zilla Paris!iad 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, reservohs, artificial or natural, or bandlzaras 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 account able 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 gnmtee, be deemed to be 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 grammatical variations includes the expression "water made available from any canal" with its grammatical ~~~; ~ 9630 [ 1976 : Mah. XXXV Ill <24) "water rate" meails paymen( to be made in the prescribed manner fur a supply or facility of water from a canal for irrigation or any purpose pro vided 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 Zilla Parishad constituted under the Maha . 1 Mah. rashtra Zilla Parishads and Panc1ayat Samitis Act, 1961; Vof (27) words and expressions used in this Act but not defined shall meaning respectively assigned to them in the Maharashtra Land Code, 1966. 1962. have the Revenue Lan<Js !-lndcr 3. (/) Lands under the irrigable command of a canal means ;ill those cul 1mgable . •. b . . b n f command of t1v;1ble lan~s wl~1ch are or can e J~n~ated from a. canal y the.' ow n wat.er canal. under gravity wllhout the need of lifting or pumpmg water (or 111 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 arc or may be deemed to be irrigated from a canal within the meaning of section 55. The laud~ 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 iri the vir.:i1;ity of such lands as the Canal Officer may think fit. The Canal Officer shall also serve individual notices on all the holders and occupiers of lands situated within the irrigable command of the canal declared under sub-section (/). (J) A Canal Officer not below the ra(lk of an Executic Engir;eer .01ay, \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 · ni&y come under the irrigable command of such canal by constructio11 of a crossing for the passage of water across a natural drainage channel or ridge. (5) Any person aggrieved by any nmification or part thereof under sub-scdio11 (/ ). 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 m1tification f,hall stand unmodified or modified to the extent and from the da~e specified in the order : Provided that, no order varying or revising any such notification or part thereof. affecting the lands of any i:•erson 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 Lile 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 Authority, to be wet. M<th. XL of 1966. 1976 : Mah. XXXVIUJ Mal1arashtra lrngatio11 Act, l'J76 9631 Irrigation areas 5. For the purposes of this Act, the Appropriate Authority may divide the area Divisi?n of within its jurisdiction into regions, circles, divisions, sub-divisions and sections in ~t~te t1.nto . d fi d fi . . l h . l" "t irr1ga ion rnch manner as 1t eems tan may, rom time to time, a ter t etr 1m1 s. areas. PART II. CANAL OFFICERS, THEIR CHARGES AND POWERS. 6. (/) There may be the following classes of Canal Officers appointed by the Canal State Government, with the following designations or such other designations as Officers. lhe State Government may, by an order in writing from time to time, determine, namely: (I) The Chief Engineers, (2) Additional Chief Engineers, (3) Superintending Engineers, ( 4) Executive Engineers, (5) Sub-divisional Officers, that is to say, the following officers hol<ling charge of a sub-division : (a) Assistant Engineer, Class J ; (b) Assistant Engineer, Class II ; (c) Deputy Engineer ; (d) Sub-Divisional Engineer ; (e) Sub-Divisional Oflicer ; (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. (J) The Canal Officers appointed by the Company or a Zilla Parishad may bear such designations referred to in sub-section (1) as it thinks fit, and in <loing 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 rrovi~bns of this Part Shall be construed accordingly. 7. The chief controlling authority in all matters connected with the construction, Chief maintenance and management of canals and matters incidental or supplemental control.lin~ thereto, in his region or regions, shall, in relation to canals of the State Government ~u!h0~11Y in vest in the Additional Chief Engineer or an officer bearing any other designation, if ~~rt~~~n 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 superintendence, direction and control of the Chief Engineer and the State Governmeilt. 8. (1) The Appropriate Authority may, by notification in the Official Gazette, Appointment either prospectively or retrospectively, appoint the Chief Engineer to be in-charge of Canal of the irrigation generally, an Additional Chief Engineer to be in-charge of a region Offioers. 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-divi<>ion, and a Sectional Officer to be in-charge of a section, specified in the notification. . 9632 Mitllart~shtra Irrigation Act, 1976 [1976 : Mah. XXXVIll (2) The Appropriate· Authority 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 or any of the powers of a Sectional Officer, Sub-Divisional Officer, Executive Engineer or Superintending Engineer, respectively, specified in the notification. Subor<lina- 9. (1) All Canal Officers shall be subordinate to the Appropriate t~~n~~ Authority; and all Canal Officers (other than the Chief Engineer) shall be Officers. subordinate to the Chief Engineer. <2J All Canal Officers in a region shall be subordinate to the Additional Chief Engineer. (J) 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 Executive Engineer. (5) All Canal Officers in a sub-division shall be subordinate to the Sub-Divisional Officer. (6J All employees below the rank of Sectional Officer shall be subordinate to the Sectional Officer. Poder.to 10. (J) When under this Act, any duty is to be performed or power an~~1:~ c~~=~ is to be exercised by a Canal Officer, and the class of Canal Officer is not -- ..... Officers. 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 (/) or sub-section (2), such duty shall be performed or such power shall be exdcised by the Sub-Divisional Officer. PART III. CONSTRUCTION AND MAINTENANCE OF CANAL~. Application of water for purposes of canal. Ngtification 11. (J) Whenever it appears expedient to the Appropriate Authority when water- that the water of any river ( including its tributaries ) or stream flowing supply to be • 1 1 · f ·u applied for m a natural channel or of any lake or any other natura col echon o sti . purposes of water or water flowing in a channel where such water or part thereof, is received canal or for · · b h h fregulation, from any canal constructed by the Appropriate Authority or y any person w o as supply or been duly authorised by the State Government, whether by percolation, regeneration, sto~~~~ release or otherwise should be applied or used by the Appropriate Autho rity for the purpose of any existing or projected canal, or for the rogula· tion, supply or storage of water, the State Government may, by notifica tion in the Official I-Gazette, declare that the said water will be I of 1894. 1976 ·: Mah. xxxvm 1 Maharashtra Irrigati01i Act, 1976 9633 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. (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 st.all be regulated according to the provisions of this Act. (3) Save as provided by sub-se,i::tions (/) and (2), no person (other than the State Government) shall apply or use the water of any river (including its tributaries) or stream flowing in a natural channel or of any lake or any other natural collection of still water or water flowing in a channCl 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 circum stances of each case. Powers of entry on land, etc. 12. At any time after the day named in the notification under sec- Powers of tion 11, any Canal Officer duly empowered in this behalf, may enter on gaffi~~rs for any land, remove any obstruction, close any channel and do any other purpose .or thing necessary for such application or us~ of the s-aid water and for such ~a~f..:lying purpC1se may take with him, or depute or employ, such subordinates and other persons including Police Officers as he thinks fit. 13. Whenever it shall be necessary to make an enquiry or examination Entr~ for in connection with a projected canal, or with the maintenance of an exist- enquiry. ing .:anal or with the application or use of the water of any canal for the purpose of regulation, supply or storage of water, any Canal Officer duly empowered in this behalf may (a) enter upon such land as he may think necessary for the purpose, (b) undertake surveys or take levels thereon, (c) dig and bore into the sub-soil, (d) where otherwise such inquiry cannot be completed, cut down aad 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 ,night exercise and do if the State Government had issued a notification under the provisions of seci:ion 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 ({) set up and maintain water-gauges and do all other things neces sary for the prosecution of such inquiry and examination. 14. (J) Any Canal Officer duly empowered in this behalf may <".nter upon Power to any land, building or field-channel on accou:::it of which any water rate is ~~t£i;~eand chargeable, for the purpose of inspecting or regulating the use of the water water supply. 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 9634 Maharashtra lrr~f{atio11 Act, 1976 [1976 : Mah. XXXVUJ (2) Where the flow of ~ater 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 frnn1 the supply of water. Power to 15. In case of any accident being apprehendt:d or happening to a e~ter fodr canal, any Canal Officer duly empowered in this behalf may enter upon r..:pairs an to p revent any land adjac€nt to such canal, and may take trees and other materials, accidents. and execute all works which may be necessary for the purpose of prevent ing such accident or repairing any damage done. Power to 16. Where any dam is being damaged or damage to any dam is Offi~rn~ apprehended due to floods, any Canal Officer duly empowered in this behalf opcra tc may, in the interest of the safety of the dam, regulate the floods by ;:J~: ;~operating gates or gated waste weir on the dam. regulate floods. Not!ce to 17. Where a Canal Officer proposes under the provisions of section 13 bui1~i~~:e~t~: 14 or I 5 to enter into any building or enclosed court or garden attachec.."' 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. Means of 18. Suitable means of crossing canals shall be provided at such places c 1 rotssinbg as the Appropriate Authority thinks necessary for the reasonable convenience cana s o e provided and of the inhabitants of the adjacent land ; and suitable bridges, culverts or 0t bsdtru~tion other works shall be constructed to prevent the drainage of the adjacent o rainage . . . to be land bemg obstructed by any canal. Road bridges shall, as frtr as possible. be avoided. 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 tht: question of p1 oviding such crossing and of constructing bridges, culverts and other works thl! 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. Appropria!e 19. Whenever it appears to the Appropriate Authority that injury to ma~~~~wbft the public health or public convenience or to any canal or to any land for formatio!l of which irrigation from a canal is available, .has arisen or may arise from of~~~e~~'.'~t~~ the obstruction of any river, stream or natural drainage-course, the with~n Appropriate Authority may, by notification in the Official Gazette, prohi· li~tt~~ bit, within limits to be defined in such notification, the formation of any rnch obstruction. or may. within such limits. order the removal or other modification of such obstruction. The contents of the notification shall also be r-ublished in a newspaper having wide circulation within such limits. 1976 : Mah. XXXVIII] · Maharashtra Irrigation Act, 1976 9635 I Thereupon, so much . of the said river, stream or natural drainagc channei, 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 Canal pubJication of the notification under section I 9, issue an order to any ?s~~C:~~~~~ person ·ca using or having control over any such obstruct ion to remove or to af!.Y person modify the same within a time to be fixed in such order. ~~~;~~tion. 21. (]) H, within the time so fixed, such person does not comply with Canal the order, the Canal Officer may cause the obstruction lv be removed or ~1!C:r may modified, and if the person to whom the order is issued do~'> not, when obstruction called upon. pay the expenses of such removal or modification. such ~~n~~ved. 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 notificati01;. under section 19, arid the expenses incurred for such removal shall be recovcrnble in the same manner. The judgement of the Canal Officer whether or not there is an e'll~rgency shall be final, and shall not be called in question in acy civil court. Construction of drainage works 22. Whenever it appears to the Appropriate Authority that any Wh~n drainage work is necessary for the public health or for reclamation of land, ~~:~k:~~c ·Jr for the improvement of the proper cultivation or irrigation of any land, necessary. or that protection from floods or other accumulations of water, or from ~~i~~~i~iate erosion by any river, is required for any land (or that a sewage disposal may ord/r scheme is required for disposal of effluent from any sewage scheme), the ~~~~~J ~~.t~c Arpropriate Authority may cause a scheme for such work to be drawn up and carried into execution; and the person authorised by the Appropriate Authority may exercise in conpection therewith the powers conferred on Canal Officers by 'sections 13, 14 and 15 and shall be liable to the obliga tions imposed upon Canal Officers by section 17 ar;d section Tr PART IV FrELD-CHA l\'NELS Construction of field-channels 23. Field-channels (except the water-course) shall be constructed by the Construction holders or occupiers of land at their cost but subject to the direction of a Canal ~~:;~~is. Officer. The water-course shall be constructed by the Appropriate Authority, but maintained by such holders or o..ccupiers of lands ; and the provisions ,)f this Act in so far as they relate to maintenance of field-channels shall mutmis m11tandis apply in relation to such water-course. Exp!anation.--(1) For the purposes of this Act, water-course means the idle lcnr1h 0f a chaunel he!weeu :.tn ou•lct and a fiekl-cbar.mel. 9636 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVIII <2> If any question arises as to what is the idle length of any channel com:tituting a water-course, the q·uestion shall be referred to the Canal Officer duly empowered in this behalf, and his decision on the question shalJ be final and conclusive. Application 24. Any person desiring to construct a new field-charlnel, but being to Canal 1..1 '11' t · d · · h h Officer for unal' e or unw1 mg to cons ruct 1t un er a private arrangement wit t e construction holder of the land required for the same, may apply in writing to any of new field- C l Offi d l d · h l' · · channels. ana cer u y empowere to receive sue app 1cat1011s, stating (}) 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 oh his behalf and at his cost to d<'.> all things , necessary for constructing such field-channel. Procedure 25. (J) If the Canal Officer considers the construction of such field constructf~~ channel expedient, he may call upon the applicant to deposit any part of h fic1 1 d- the expense, such officer may consider necessary. · c anne s. (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 occur"· for the construction thereof. Thereafter, he shall forthwith publish ,...,,., notification in every village through which the field-channel is proposed to be taken. that so much of such land as is situated, within such village has been so marked out. Such notification shall state that suggestions or objections received by the Canal Officer within thirty days of the publication of such noti fication 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 sha11 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. Procedure 26. On being put in possession of the land acquired under Part V of w1 t at~ter this Act, the Canal Officer shall construct the required field-channel ; and cons rue 10n · • offteld- on its completion, shall give to the owner notice thereof. and of any sum channels. payable by him on account of the cost of acquiring the land and com1truct· ing 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. I976 : Mah. XXXVIIIl . M(t/iarashtra Irrigation Act, 1976 96~7 . Rights and obligations of owners of field-channels 27. (1) Every owner of a field-channel shall be bound- Obligation (a) to maintain all works necessary for the passage across such field- fi~rd~wner of clrnnncl existing at the time of its construction, and of the drainage channel. . intercepted by it and for affording proper communications across it for the convenience 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 contained to use a field-channel shall be entitled to have a supply of water by such fieid-channel at Stlch rates and 011 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 a field-channel and, subject to the terms of any agreement between the parties, or to any condition imposed unde.r 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 hava ·a supply of water through a field- A~angement h • f h.. h h · k . t with owner c unnet o w ic e is not an owner may ma e a pnvate arrangemen by other with the owner for permitting the conveyance of water thereby, or may person. 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. ·.- -~ j 29. On receipt of any such application, the Canal Officer shall serve Canal J notice on the owner to show cause why such authority should not be granted, ~f~~C::nquiry or ~:uch declaratior.J. should not be made, and, if no objection is raised or may . if ·~ ny objecticn is raised and is found to be insufficient or invalid shall, :~~~f;1~; subject to the approval of the next superior Canal Officer, either authorise dect1~re . · h fi Id 1 I d l hi b · · app •cant the applicant to use t e e -c 1anne or ec are m to e a· JOmt owner to be joint thereof on such conditions as to the payment of compensation or rent or owner. otherwise as may ·appear to him equitable. 30. (fr No land acquired for a field-channel shall be used for any other Prohibition purpose . without the previous consent of a Canal Officer duly empowered ~~J~k~d ·to nant. such permission. for field . ~· channel (2) No field-channel shall be altered except with the permission in writing for other d · • • purpose: an of the Canal Officer especially empowered m this behalf. pro~ibition agamstl I alteration offield cbannel. 9638 Maharashtra Irrigation Act, 1976 [1976 ! Mab. XXXVUI Ifr~;r 31. If any owner of a field-channel fails to fulfil any obligation imposed execut~ upon him by clause (a) or (b) of sub-section (J) of section 27, any Canal r:~i fi~1~~ Officer duly empow~red in this behalf may require him by notice to execuU; channel, the necessary work or repair within a period, to be specified in ·such notice, ~~;te~= of not less than fifteen days, and, in the event of failure, may execute the the same. 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. Ca¥cellat!on 32. If a Canal Officer duly empowered in this behalf is satisfied that 0 t::~~~ the owner of a field-channel has persistently failed to repair the field ti of "'!llter channel and the Canal Officer accordingly was required to carry out the or failure · d · 31 h C 1 Offi b d · · · "th to maintain repaus un er section , t e ana cer may y an or er m wnting Wl h fielf- the previous approval of the Officer who is next higher in rank revoke the c anne s. 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. ~erri usin, 33. Every person other than an owner who uses any field-channel in t: pa~!!:! respect of whi ch any repair has been executed by a Canal Officer · under • ., of e:xpe~ section 31 shall, in the absence of any agreement between the parties or ofreparr. 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 he determined by the said Canal Officer. Schemes for compulsory construction of field-channels. Sehemes for 34. (1) Where a Canal Officer especially authorised in this behalf by compuls?ry the Appropriate Authority (hereinafter referred to as the authorised Canal cons~~:~id~ Officer) is of opinion that although water for irrigation is available in any channels. area, but nevertheless lands capable of being irrigated therefrom, are not being irrigated, or are being prevented from being irrigated for any reason. and he is further of opinion that in the interest of the general public it is necessary so to do, he may prepare a draft scheme providing for the con struction of field-channels for the supply of irrigation water to the best advantage in such area: Provided that, no scheme shaJl be prepared unless at least fifty-one per cent. of the holders or occupiers of the land or holders or occupiers of at ,/ least fifty-one per cent. of the land give a consent in writing to the preparation of such a scheme. (2) The draft scheme shall contain the following pi:trticulars. that is to say (i) the area to which the scheme applies ; (ii) the proposed fi~ld-cbannels, a~d the most suitable alip;nm~nt ~hereof; 1976 : Mah. xxxvm1 Maharashtra Irrigation Act, 1976 9639 (iii) the approximate area which is likely to be needed -for the construction of the field-channel and appurtenant works, the land which it is necessary to occupy for the construction of the field-channel and the area mentioned in clause (1); (iv) the survey numbers and the area of each of the lands to he 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; (vij 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 ; <vm the approximate cost of construction of the field-channel; (viizj 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 suggestions and objections, if any, received under sub-section (3} (a) sanction the draft scheme with or without modifications ; (b) publish the sanctioned scheme (to be called the "final scheme") by notifi cation 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 Obligation and occupiers of lands mentioned therein, and it shall be their duty to construct in on holders t]?.e prescribed manner the field-channels under the scheme. ~~ld~nstruct channels under final scheme. 36. Whenever it shall be necessary to make any inquiry or examination in connec- Provisions t'on with the corstructicn cf a field-channel under section 34, the provisions of of section section 13 shall apply in relation to such inquiry or examination in connection with 13 tl the· field-channel. · app y. 37. (I) The auth0rised ·Canal Officer shall by notice in writing require each Notice to holder and cccupfor to co11struct the field-channel"as provided by the final scheme. holders • and occupiers · (2) The notice under sub-section {I) shall be given in such form and in such of land to manner as may be prescribed. fi~f J~ruct c;:hannels. H4206-2a 9640 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVIII Power to 38. If any holder or occupier of land fails to construct the field-channel· as authorise required by notice aforesaid within the period specified in the final scheme, the J=~:: authorised Canal Officer may construct the same at the cost of that holder or occupier to construct or of both, as the case may be. field channels. Consequ- 39. (J) When the construction or a field-channel as provided in the final scheme ences, of is duly completed, of co~~!~~~c~ (a) ~he authorised Canal Officer shall issue a certificate to that effect in the tion of field- prescnbed form, and channels. (b) the Appropriate Authority or the authorised~ Canal Officer, if so empowered by the Appropriate Authority, shall by order in writing transfer the land occupied by the field-channel to all holders or occupiers of land benefited by the field channel·; and thereupon, the land so transferred together with the field-channel shall vest in such holders or occupiers and the provisions of sections 27 to 33 (both inclusive) shall apply to such holders or occupiers as they apply in relation to an owner of a field-channel. (2) Nothing in sub-section (J) shall affect the right of Lhc 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. . . Mode of 49. (I) Subject to the provisions of sub-section (2), the cost of / payment 0 : land and of the construction of the field-channel payable under the ff{(ci'I cons~~~in scheme shall be paid by each holder either in lump sum within such period, ch~n!:~ or in such instalments not exceeding five with simple interest at such rate etc. a~ may be fixed by the Appropriate Authority from time to time. (2) Where any holder or occupier of land has constructed a field-channel at his own cost or made available any part of his land for its construction, the authorised Canal Officer shall determine the value of the construction, or as the case may be, the value of the land so made available, and the value so determined shall be deducted from the cost payable by the holder or occupier under sub-section (J). pcr.ver of 41. Notwithstanding anything contained in section 34, the Appropriate Appropriate Authority may direct a Canal Officer to prepare a scheme providing for Authority to h . f fi Id .h • f th ] f . , . t t th direct t e construction o e ·C anne1s or e supp y o 1rngatton \\-a er o e prreparati~n best of advantage of any area specified in the direction, if in the opinion of o scheme Ill h A . A h . h h . . h . f th public t e ppropnate ut onty sue sc eme ts necessary in t e mterest o e interest. 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 co11ceming field-channels Settlement 42. (J} Whenever a dispute arises between two or more persons iif' of disputes regard to their m'utual rights or liabilities in respect of the use, construe· as to mutual . . f fi ld h I · · f fi Id rights and t10n or mamtenance o a e -c anne , or among 1omt owners o a e }iabilities channel, as to their respective shares of the expense of constructing or ~nFe;.:l!i maintaining such field-channel, or as to the amounts severally contributed din fielf" by them towards such expense, or as to failure on the part of any owner anne s. to contribute his share, a person interested in the matter of such dispute may ::ipply in Writing to a Canal Officer duly empowered to receive such ~pplic&tiop, stating the matter in di!Spute. 1976 : Mah. XXXVIIl) Maharashtra Irrigation Act, 1976 9641 (2) The Canal Officer shall thereupon give notice to the other persons interested that on a day to be named in such notice, he will proceed to inquire into the said matter. (3) If all the persons inte rested consent in writing to his being the arbi· · trator. the Canal Officer may pass such order thereon as he thinks fit. (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 ~uch party is given a reasonable- opportunity of being heard. 43. Except as otherwise provided in the Bombay Land Improvement Prov~sions Dom. Schemes A~t. 1942. nothing in this Part shall apply to field-channels cons- ~~~hl~ P:;:,1Y XKVI~ tructed in pursuance of the provisions of that Act. to field •o - channels w42. constructed under Bom. xxvm PART V ACQUISITION OF LAND of 1942. 44. (1) If at any time on an application of a Canal Officer not lower in rank than Acquisition an Executive Engineer, the Appropriate Authority is satisfied that any land, or any ofland for right or interest of any person in any land required for the construction of a new canal, fi'.1f:ls and or a new field-channel under section 24, or for the maintenance, improvement or c~~els extension of an existing canal should be compulsorily acquired or extinguished, the • Appropriate Authority may acquire the land, right or interest by agreement or the I or State Government may acquire the land under the Land Acquisition Act, 1894, 1894· or the Zilla Parishad or the Company may make an application to the State Govern ment for acquiring such land under that Act. (2) On receipt of such application from the Zilla Parishad or the Company, if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified or if the State Government decides to acquire the land under sub-section (J), it may make a declaration to that effect in the Official I of Gazme, in the manner provided in section 6 of the Land Acquisition Act, 1894, in IS94. 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 declaration duly made under the said section. (3) On the publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of land under the said Act; and the provisions of the said Act shall apply to the determination of the amount 0f compen~a· tion, apportionment 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· oc the extinguishment of such right or interest. (4) Notwithstanding anything to the contrary in this Act or in the Land Acquisition I of Act, 1894, within not less than fifteen days (except by private negotiations) after the 1894. 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 possesi!ion of by the Canal Officer duly auihorised in this behalf by it, and the right 9642 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVDI and interest in land specified in the notification shall be extinguished from the date specified in. the direction, and on such possession being taken, the said land shall vest absolutely in the State Government free from all encumbrar,ces: 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 comp~nrntion for the standing crops, trees and structures, if any, on such land and for any da~nage sustained by him which is caused by such sudden dispossession, and not exc:ep·~ed in section 24 of the Land Acquisition Act, 1894, and if such offer is not accepted, the value of s:.1ch I of crops, trees and structures and the amount of such other damage stall be allowed H194. in awarding compensation for the land under the provisions~of the said Act. (5) For the purposes of acquisition of any land, right or interest under this section the Land Acquisition Act, 1894, shall have effect subject to the moHication tha.t tlle I of market value of the land shall be deemed to be the market value 011 the date on wlikh 1894. the declaration is published under sub-section (2) of this section or the notification is published under sub-section (2) of section 25, as .the case may be. ... PART VI. SUPPLY OF WATER. Chapter I. General Provisions for Supply of Water. Application of this Chapter a for Sllpply of water under Chapters II to V. 45. The provisions of this Chapter shall apply in respect of water from './ canal supplied under Chapters II, III, IV and V of this Part. Modes of supply of canal water, power to charge minimum rate. 46. (I) 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 ; r (b) on volumetric basis as provided in Chapter Iff of this Part; (c) under an irrigation agreement as provided in Chapter N of this Part; or (d) under a 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 (I), shall be paid according to the rates provided in Chapter II, III, lV 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 lands irrigated on wells within irrigable command) who do net avail of the facility of water supply during kharip 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 aud in force in that season : Provideci that no such water rate shall be levied if. on demand water is ~ot made available. '., 1976 : Mah. XXXVIIl] Maharashtra Irrigation Act, 1976 . . I 9643 47. (1) Where the Appropriate Authority is satisfied that, for the better Power of. cultivation of lands, and production of crops and due preservation and ~~fh~~a!: proper utilisation of water resources of. any canal, it is expedient in the re~late public interest to regulate the kind of crops that should be sown, planted ~)i:fgir or grown on lands under the· irrigable command of a canal or any part ~r grow thereof (not being lands irrigated on wells within such irrigable command), ang of and the period during which such crops should be sown, planted or ~~crng grown on such lands. the Appropriate Authority may, having . regard to s~ified the soil characteristics, climate, rainfall and water available, by order in fa~r:bd on writing, make a declaration to that effect. Such order shall be given wide ~~er publicity in such manner as the Appropriate Authority may think fit. ~=d (2) On making such declaration. the Canal Officer, with the previous approval of canal. 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, plalited and grown. The Canal Officer shall, subject to the provisions of section 50 and of sub-section (3) of this section, thereupon by order regulate the supply of water from the canal for sowing, planting and growing such crops during the period or periods specified in the order. (3) The State Government may. in consultation -with the Company, and the Zilla Parishads concerned, by notification in the Official Gazette, make rules for determining the crops, and the period or periods during which such crops may be sown, planted and grown and for regulating supply of water for the purpose. Such rules may provide for fixing the extent of irrigation and for sowing, planting or growing different crops on the lands under the irrigable command of a canal and the factors which may be consi dered for fixing such extent, for giving publicity to such si:.-heme and for inviting objections and suggestions including prov1s10n for calling a meeting of the persons a~ected by the scheme, and an matters incidental or supplemental as may be necessary for giving effect to the provisions of this section. (4) On the publication of the notice under sub-section (2) of this section, no person shall sow, plant or grow or allow any crop (other than the crop or crops specified in such notice) to be sown, planted or grown on any land under the irrigable command of the canal or any part thereof, 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 declar ed to be of equivalent rank) as the Approprate 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 orderr 9644 .Maharashtra Irrigation Act, 1976 [1976 : Mall. XX.XVIII Pow~i: to 48. The Appropriate Authority may by an order in writiag fix a ceiling on fix cellmg ti f hi h b · h l d d h · · bl d on area 1e area o crops w c may e grown m t e an s un er t e unga e comman of crops. of a canal with water from such canal, and on the area of cash crops specified in such order which may be grown wilh water from wells situated under the irrigable command of such canal. Expla11ation.-In this section 'cash crops' means sugarcane, irrigated cotton; irrigated ground-nut, betel leaves, citrus fruits, bananas, grapes, chikus, turmeric, arccanut, tobacco (irrigated) and such other crop as the State Government may, by notification in the Official Gazette, from time to time S!'ecify. Provisions as to supply Powerto 49. The supply of water to any field-channel or to any person who is w!~~f. 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 ; fr[) 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 ; (/) whenever and so long as it is necessary to stop such supply pending a cha~ source thereof by a Canal Officer ~ \. h1 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; (1) 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. Duration 50. When canal water is supplied for the irrigation of one or more ofjsupply. 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. Agreement 51. (J) Every agreement for the supply of canal water to any land, fo~l':f:~ building or other immovable property shall be transferable therewith, and. transferable shall be presumed to have been so transferred whenever a transfer of such with property . d · h · - · bl t t k I · in respect land. bu1l mg or ot er 1mmova e proper .y a es pace : of which sur:rlyis givea,etc. l976 : Malt. XXXVIII} Malutraslitra. Irrigation Act, 1976 9645. Provided that an agi:eement 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 circumslances 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 sub iiection (J), no person entitled .to use the water of any canal, shall sell or sublet or otherwise transfer, his right to such use without the permission in writing of a Canal Officer duly empowered to grant such r>ermission. (3) The Appropriate Authority may, notwithstanding anything contained in ally agreement in the public interest, for reasons recorded in writing, stop foe supply of water or reduce the area of such supply to such extent as the circum stances of the case may require and for that purpose the Canal Officer duly empowered in that behalf may remove or cause to be removed any machine, contrivance or equipment including .stoppage of electricity. The Appropriate Authority shall give publicity to such stoppage or reduction in such manner as it, in the circumstances of each case, thinks fit. Occasionul rates 52. If water supplied through a field-channel is used in an unauthorised Liability manner, and if the person by whose act or neglect such use has occurred w1?-en J>Cf:0 n cannot be identified- · ~~~t:~l'i.:1' sedl>' cannot (a) the person or all the persons on whose land such water has flowed, be identified. if such land has derived benefit therefrom, or (b) the person or all the persons chargeable in respect of the water supplied through such field-channel, if no land derived benefit therefrom, shall be liable, or jointly liable, as the case may be, for the charges which shall be made for such use under the rules made in that behalf. 53. (]) If water supolied through a canal is suffored to run to waste, d ·f f · · th~ h h 1 gl Liability an 1 , a ter mquiry, e person t rong w 1ose act or ne ect such water when water is suffered to run to waste cannot be discovered, the person or all runs to the persons chargeable in respect of the water supplied through waste. su~h 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. 9646 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVll~ Charges 54. All charges for the unauthorised use or for waste of water may rt"coverable in addition be recovered as water rates, in addition to any penalty incurred oq account to penalties, c1f such use or waste. Percolation and leakage rates .. d ~nd 55. (a) Any cultivated land receiving by percolation or leakage from a cap.al or envmg d · · b fl · h' h ld b · b benefit envmg y surface ow, an advantage eqmvalent to that w ic wou e given y l fr 1 ?m a direct supply of canal water for irrigation, or perco a 10n liable to water rate. (b) any cultivated land irrigated by means of a well sunk within the irrigable command of a canal or within 35 metres on either side 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. Levy o,f 56. (J) Water used for purposes other than those of irrigation from any natural r,aterrai:ptream or artificial drain receiving percolation water from a canal shall be charged per~~fu~lin a water-rate not exceeding that as would ordinarily have been charged if the supply water for had been made from the canal for sucb purposes; and water used for such purposes ' . . n~m- from any well sunk within the irrigable command of a canal shall be charged a water irngahon rate not exceeding one-half of such rate, as may be determined by the Appropriate purposes. Authority. (2) The provisions of sub-section (J) shall not apply to water from such stream, drain or well used exclusively for domestic purposes by the residents of any village. Chapter Il Supply of Water on an Application Regulation of 51. (1) Supply of water from any canal shall be regulated according to rules sup~~~f made in that behtt"lf. Such rules may provide for \lalling for applications for supply · of water before the prescribed dates and for sanctioning supply, regard being h::td to the availability of water, the total area of the land for which water is to be supplied, the regularity in payment of water rates by the applicants, the crops to be grown on the lands from canals and other relevant factor~, if any, which may be prescribed. (2) The sanctioned supply may either be on area basis as provided in this Chapter or on volumetric ba£is as provided in Chapter III of this Part. 1976 : Mab. XX.XVIII] . Maharashtra Irrigation Act, 1976 9647 58. (J) Every person desiring to have a supply of water from a canal shall submit Application a written application to that effect to a Canal Officer duly empowered in this behalf fo{ sL1pply to receive such applications in such form as shall from time to time be prescribed 0 water. by the State Government in this. behalf. Such applications shall be submitted before such date as the Canal Otiicer 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 ap}1lication for supply of water on yearly or seasonal basis under sub-section (J), a Canal Officer shall acknowledge the same forth with. If the application is not in accordance with the prescribed form, the Canal Officer may return it to the applicant and direct the applic~nt to submit it again in the prescribed form duly completed before the date notified under sub-section (J). The application duly completed which is submitted before the date aforesaid shall also be duly acknowledged. (3) Every such application shall be disposed of by the Canal Officer within fifteen days from the last date notified as aforesaid . and the decision of the Canal Officer notified on the notice board in the office of the Canal Officer and at such other place or places as the Canal Officer may direct and the decision so notified shall be deemed to be notice of such decision to all the applicants. (4) If the Canal Officer fails to notify his decision on the notice board in his office as aforesaid. then the applicant shall be deemed to have been permitted to take water from the canal specified in the application. but subject to the same conditions on which supply of water from the canal is sanctioned to other applicants. (5) On receipt of an application for supply of water otherwise than on yearly or seasonal basis. the Canal Officer shall deal with the application in such manner as may be prescribed. ---· --- - -··-- ---~ (6) Where an application is made for a supply of water to be used for pur poses 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 spec;ial conditions and restrictions, as tu the limitation, control and measurement of the supply, ~.s he may be empowered by the Appropriate Authority to impose in each case. Supply rates 59. (1) Such rates sh:ill be leviable for canal water suoplfoil for purposes of De~rmi· irrigation, or for any other purpose unaer this en-apter as snau 1rom time to time ~:~~fo~r . be determined by the Aporo priate Authority : supply of canal water. . 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 us~s the water so supplied. 9648 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVIfi Chapter III Supply of Water 011 Volumetric Basis Supply 60. (/) Where the holders or occupiers of not less than fifty-one per cent of the of rater ~n lands or not less than fifty-one per cent of the holders or occupiers of the lands to which vl,~!e!~<l supply of water under Chapter II is sanctioned from a canal which is provided with formation a device for measuring water distributed therefrom give their consent in writing to the of 'Yater Canal Officer duly empowered in this behalf to take water on paymeilt on volumetric Committee. 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 111 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. (J) 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 ia sub-section (J) 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 distribution 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 its business. (6) Such water rates shall be levied for canal water supplied to the holders and occupiers for the purposes of irrigation as may be determined by the Approi>riate Authority: Provided that, no such water rates ...,hall 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 quantify of water at measuring device and to ensure proper apportionment and distribution of the same among its members; (ii) to receivt": and enquire into complaints regarding distribution of wafer 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 unauthorised use of water ; (v) to ensure th:it only sanctioned crops and areas are brought under irrigation according to the provisions of this Act. (8) If any holder or cccupier is aggrieved by any order . or decision of th• Water Committee, then such holder or occupier may submit an appeal to the Executive Engineer within thirty c!ays from the date of receipt of such order or decision. The decision of the Executive Engineer in such appeal •hall ho final and conclu11ive, and shall not be called in question in any court. Som. LXII of 1947. 1976 : Mah. XXXVIU] Maharashtra lrriga,tion Act, 1976 9649 Chapter IV Supply of Water under Irrigation Agreements 61. Subject to the provisions of Chapter J of Part VI. agreements may be Power to made in accordance with the i;}rovisions of this Chapter, between th0 Appropriate kr-~~!tion Authority and the holders and occupiers for the supply of water for irrigation agreements. for a period of years specified in the agreements. Such agreements are called "irrigation agreements". 62. An irrigation agreement (a) shall be for the irrigation of one or more 'ipecifie!,i. crops are called " crops under agreement " : Scope of which irrigation agreement. (b) shall be made with the holders and occupiers of all the lands under the irrigable command of a canal in a vi!lage or in any other specified area cultivated with the crops under agreement : and (c) when duly made in accordance with the provisions of this Chapter shall be binding according to the terms of the agreement, on the holders and occupiers of (l) all the lands within the irrigable command of a canal (including wet lands) in the village or in any other specified area cultivated with the crops under agreement at the time frr:m which the agreement has effect: Provided that, where a scheme of consolidation has been confirm ed in respect of any land under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the irrigation agreement shall, from the year in which the holders and occupiers, if any, are put into possession of the boldings, (a) be binding on the holders and occupiers,' if any, of all cul tivable Jand newly received in exchange for land which has ceased to be under cultivation ; and (b) cease to be binding on the holders and occupiers, if any, of all land which has ceased to be under cultivation; (ii) all tlle lands described in sub-clause (i) together with such land 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 occupiers whereof an agree ment is binding is called " land under agreement ". 63. Where either the holders and occupiers of not les8 than two-thirds When of, or· not less than ninety-five per cent. of the holders and occupiers of, all agreebmentd h I d th . . bl d f I . ·1 . can e ma c. t e and un er e 1IT1ga e comman o a cana m v1 !age or m any other specified area cultivated with crops under agreement have given their consent to a proposed irrigation agreement in accordance with the provi sions of this Chapter, then th~ proposed I-agreement, if accepted by a Canal omccr duly empowored in this behalf. shall be deemed to be an imgation 9650 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVIJI 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. COinsent to 64. (]) Where the title of an occupier of any land who is not the holder a~~:~:~ th('reof, is such that it will lapse on or before the expiry of the agricultural w.he~e year next following the date of an irrigation agreement applicable to such ~~~~e;:i~~ land, the consent of the holder to such agreement shall be binding on such of occupier occupier in respect of such land. other than holdt"r. (2) Where the title of an occupier of any land who is not the holder thereof, is such that it will continue after the expiry of the agricultural year next following the date of an irrigation agreement applicable to such land, the consent of such occupier shall be necessary to the validity of the consent of the holder. Pu~licat;~m 65. (/) The provisions of section 63 shail not apply unless a notice has ~ ~f~~ been published in the village or in any other specified area concerned by al?reemdnt a Canal Officer that he proposes to take an irrigation agreement in that · 1s ma e. · . 11 v1 age. (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 finaUy made. Inclusion of 66. The holder of a land which is not under the irrigable command . . ~anbd of a canal but is capable of being irrigated from a canal or field-channel irrigate Y b f h · 1 · d ' d l'f h h ·lift. y means o any mec amca contnvance es1gne to 1 t t e water t ere in may apply to a Canal Officer to have such land included in an irriga tion agreement, and if his application is granted, he shall be entitled to the supply of water in accordance with the tem1s of such agreement in so far as they may be applicable. Charges for 67. The charges for the supply of water under irrigation agreement supply of . water. shall be levied at such water rates as may be fixed by the Appropriate Authority : Provided that, ;io such water rates shall be fixed by any Zilla Parishad or the company except with the previous approval of the State Government. Liability 68. In addition to any incidents applying generaUy to liability for pay . ~uet. to ment of water rates, all irrigation agreements shaIJ be subject to tbe 1rriga ion f , . 'd l agreement. ohowmg mc1 en ts, name y: (a) the canal revenue payable thereunder shall be payablc li) 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 fa11s under c!ause (c) (il} of section 62 for any year on all land under agreement, w.hich has ber-n sown that year with an~' of the crops under agreement, whether it has been irrigated or rot ; 1976 : Mah. XXXVllI] MaLaraslztra Irrigation Act, 1976 9651 (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 determin11 ; (d) no claim shall arise against the Appropriate Authority for com pensation for any loss arising from a failure 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 remis sion 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. (J) An irrigation agreement may be cancelled by mutual consent Cancellation between the Appropriate Authority and holders and occupiers of not less ~~eement than two-thirds of, or not less than ninety-five per cent. of the holders and by mutual occupiers of, the land under agreement at the time of such cancellation. consent. (2) The provisions of sections 64 and 65 shall apply to the cancellation of an irrigation agreement as if consent to the cancellation were consent to the making of such agreement. 70. (J) If, in the opinion of a Canal Officer duly empowered in that Cancellation behalf, the holders and occupiers, under an irrigation agreement, fail to ~~eement maintain their field-channels, then provisions of section 31 shall apply as for fa.ilur~ they apply in relation to a field-channel under that section. If the holders ~~1:amtam and occupiers fail to maintain their field-channels on two or more such channels. occasions, the Canal Officer duiy 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 inigation agreement shall cease to have effect. 71. With the previous sanction of the Appropriate Authority, a Canal General Officer duly empowered in this behalf may at any time cancel any ra:~~ to irrigation agreement, and in such case, the compensation for damages in agreement. respect of any land under agreement shal! be equal to the amount of the canal revenue which would have been payable in respect of such land for the remainder of the period of the agreement. The distribution and payment of such compensati.:>n i;ball be made according to rules made under section 114. 9652 Maharashtr(I Irrigation Act, J976 rt976 : Mah. XXXV11l Chapter V Supply of Water under Scheme StuprAY 1 °f 72. (/) Where, in the opinion of the Appropriate Authority, a canal wa er unr er · I "k J • • I d d · 200. h ( 500 ) . scheme. 1s 1 ·e y to irngate an s not excee mg ectares acres m area, then with a view to providing supply · of water from such canal more economically in the public interest, the Appropriate Authotity 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 appointed 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 whkh 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 mana.gement 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 soou as practicable serve individual notice on the holders and occupiers who are likely to be affected by such notification. (4) After considering such 0bjections and suggestions, if any, as may have been received within the period fixed as aforesaid, the Appropriate Authority may, after making due inquiries, s~nction the draft scheme with or without any modifications or may reject it. (5) The scheme as sanctioned under sub-section (4). shall be published in the Official Gazette, and in the village and at the headquarters of the taluka r and of the district in which !he iands included in the scheme are ~ituate and shall, on such publication, be final. Effect of 73. (]) The Scheme shall come into force on such date as the scheme: Appropriate Authority may, by notification in the Official Gazette. appoint po .. er to vary ff 'f · ed · h' A sch11me, and shall have e ect as 1 1t were enact m t Is ct. 1976 : Mab. XXXVIII] Maharashtra Irrigation Act, 1976 9653 (2) Notwithstanding anything contained in sub-section (J), the scheme may at any time be varied by a subsequent scheine made, published and sanctioned in accordance with the provisions of section 72 ; and the provi sions of this Part shall apply in r~lation to such varied scheme. 74. (1) After a scheme has come into force under section 73, the Appropriate. ~ppoiftment Authority shall appoint a Water Committee to execute the scheme, subject to the Co~~°!eo superintendence, direction and control of the Canal Officer appointed by the Appro· to exocuic priate Authority for the purpose. ~chcmo and (2) The Water Committee shall consist of five persons of whom one shall be •ts power•. 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 1hat behalf. The members of the Committee shall hold office for a period of two years from the date of their appointment. It shall be lawful for the Appropriate Authority to terminate the appointment of all or any members of the Committee at any time by an order in writing without assigning any reasons. The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction of its business. The Sectional Officer or his nominee shaii 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 provision of the scheme; (c) carry out day to day maintenance and repairs of the canal; (d) maintain the irrigation system of the can11.l beyond the outlet in a fit state of supply of water; (e) assist the Canal Officer- : V) in detecting and preventing encroachment on the canal and on the lands· appertaining thereto; (ii) for preventing damage to the canal; (iii) for repairing any damage caused to the canal; (f) have power to impose a penalty for unauthorised use of water, or use of water out of turn or for growing crops contrary to the provisions of the scheme; (g) maintain accounts of the amount paid to it in such manner as may be pres cribed. · (4) The penalty may consist of a fine not exceeding two hundred rupees, and it shall be liable to be recovered as an arrear of land revenue. (5) Any person aggrieved by the decision of the Water Committee may within forty-five days from the date of receipt of the decision of the Water Committee make an appeal to the Canal Officer or any officer duly empowered by the Appropriate Authority for the purpose. (6) The Appropriate Authority may, not later than two years from the date of the order, call for and examine the record of any inquiry or proceeding underlying suGh order of the Water Committee, or of the officer appointed by it, for the purpos.e of satisfying itself as to the legality or propriety of any decision or order passed O¥~S to the regularity of the proceeding, and it may pass any order upholding, annulling, modifying or reversing the order of the Water Committee or of any such officer: l'rovided that, no order affecting any person shall be made unless such person is given a reasonable opportunity of being heard. H 4206-3 9654 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVIII PART VII AWARD OF CoMPENSATION Compensation when claimable t .c~~pensa- 75. (1) Compensation may be awarded in respect of anv "ubstantial cfamal?e cau-1ga 1a cases . of ascer- sed by the exercise of any of the powers conferred by mf:f~i\.1,;L, w wcn 1s ~upuu1~ 01 tai.nable being ascertained before exercising of such powers, and in all other cases, substantial ascertained and estimated at the time when the damage is caused: damage. 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 I I, 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 st9ppage or diminution is due to (i) any cause beyond the control of the Appropriate Authority; (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 main taining 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 11pply due to any of the causes specified in clause (d) of the proviso to sub-section {J), d.all be entitled to such ri>mio:Qion of thcr water rate n:wable by him as may be au tho .. CISed by the Appropriate Authomy. Limita.tion 76. No claim for compensation under this Act shall be entertained after the of claims. expiration of twelve Tl'lonths from the time when the damage complain.!d of commenc ed, unless the Collee;~vf 1s satisfied that the claimant had sufficient cause for not making the claim within such period. Summary decisions Co~pensa- 77. (J) In every case of entry upon any land or building under section 12, section ~on for 13, section 14 or section 15 or section 22 or section 36, the Canal Officer or person cau:~ag; making the entry shall ascertain and record the extent of the damage, if any, caused entry on by the entry, or in the execution of any work, to any crop, tree, building or other land, etc. property. (2) Within one month from the date of such entry referred to in sub-section (1), compensatior. shall be tendered by a Canal Officer duly empoNered 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. · ! of 1976 : Mah. XXXVIU] Maharashtra Irrigllfion Act, /97 6 9655 78. If the supply of \'~ater to any land irrigated from a canal is iritcrrupte<l other- Compens~ wise than in the manner described in clause (d) of the proviso to sub-section (1) of tion on section 75, the holder of such land may present a petition for compensation to the ~cf'unt ?J Collector for any loss arising from such interruption, and the Collector, after consult- ~f ~~~grhc ing the Canal Officer, shall awatxl to the petitioner reasonable compensation for such supply. loss. 79. Tiu: decision of the Collector under either of the last two preceding Decision : · h r · b d d 1 II b' to amoun1 sections as to t e amount Ol ~ompensat10n to e awa:: e s 1a , su JCCt to an of compe apr1cal whi.:h may be provided by rules made under section 114, be conclusive. s~tion un Y • h I . "d d h I d . . f h A 11 h . either of ?; n~re any sue appea 1s prnv1 e • t en t 1e ec1s1on o t c ppe ate Aut only last two sc slu1 !I :::sl> be conclusive. tions to !)( conclusiv F<'rmal adjudications 80. .As soon as practicable after the issue of a notification under section 11, the No.lice as Collector shall cause public notice to be given at convenient places, stating that the chums for \ . A l . . d I l ti d . h . compensn· t-.ppropnate ut ionty mten s to app y or use tie water re erre to m t at section, tion in that the claims for compensation may be made before him. certain cases. A copy of sections 75 and 76 shall be annexed to every such notice. 81. All claims for compensation under thi:l Act, other than claims of the nature Cla.ims to provided for in section 77 and section 78 shall be made before the Collector of the tre1~er~ed 1 district in which such claim arises. 0 e11 or. 82 The Collector shall inquire into every such claim and determine Collector 1 f t . . 'f 1 . h } Id . h. . . b . be gu-ided t 1e amount o compen:sa ion, I any, w 11c s iou m .1s opm1on e given provisions to the claimant; and sections 11, 12, 12A, 13, 14, 15, 15A, 18 to 31, 45 and ofLa:i~l. 52 of the Land Acquisition Act, 1894, shall apply to such inquiries. ~~~.ulS~~ 83. < f) In determining the amount of compensation under the iast piminutic .. . d h 11 b 1 d h d' . . . t} 1. Ill m~rket preccdrng section, regar s a · c 1a to t e rmmut10n m le mar~ et va:ue .. to b value, at the time of awarding compensation, of the property in respect ?<Jnsid.erec f ' . l . t• . 1 . d m fixmg n wmc 1 compensa 1on IS c aime . compc.nsa (2) Where such market value is not ascertainable, the amount shall be reckoneci l\t twelve times th~ amount of th~ diminution of the annual net profits of such propercy,causeo oy me ext:rcrse or Lue powers conferred by this Act. tion. 84. All sums of money payable for compensation awarded under section o2 shall t<?ompenhs~ h fi h I · '" h · · d d · ' 10n w c become due three mont s a ter t e c rum ior sue compensation is ma e; an s1mp1e due. · 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. H :0&--4 f 9656 Maharashtra Irrigation Act, 1976 [1976 : Mah. XXXVIII Abatement of land revenue and rent Abatcmt:ot 85. If compensation is awarded under section 32 on accqunt c1f a d~~..!d.ven~t~ stoppage or diminution of supply of water in respect of any land paying interruptk'n revenue to the State Government, and the amount of the revenue payable or su\~;~;\~~ on account of such land has been fixed. with reference to the water advan ' · tagcs 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. Ab~tc!U<:nt 86. (1) Every inl'erior holder of any land in respect of which such h~Jder!~:c;~~~ cumpensation has been paid shall, if he receives no part of the said com ~n interrup- peni;ation, be entitled to an abatement of the rent previously payable by ~~~!;: w~~~ him to the superior holder thereof in proportion to the reduced value of enhancement the holding. of such rent . on restoration (2) But if a water supply which increases the value of the holding is of supply afterwards restored to the said land otherwise than at the cost of Jhe 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 abatement, unless the superior holder shall, independently of the provisions of this section, be entitled so to enhance the previous rent. Provi~ions 87. The provisions in relation to compensation in this Part shall not ~~t tf~s a~~G apply to compensation claimed or awa:·ded under the provisions of to acquisition section 44. under section 44. PART VJll RECOVERY OF WATER RATE Payment 88. (J) Every water rate leviable or charged under this Act shall be payable recovcr;~1 on such dates and to such officers as shall from time to time be determined wet"r rate. 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 exceecUllll 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 ~f 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 processes specified in section 176 of the Maharashtra Land Revenue Code, 1966, including the forfeiture of Mah. the s!lid land. XL• of J9r-.<>. 1976 : l\lah. XXXVIIIJ Malurrctshtra Irrigation Act, 1976 9657 (3) Any r6Bt payable to the owner of a field-channel by a person authorised LO 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 Jdualiy recovered from the person liable to pay. t4) (a) Any otl}er sum due. to the State Government or to a Canal Otlicer under the provisions of this Act whether on behalf of the State Government or ~m:r other person under Pait IV of this Act which is not paid when demanded <iall, and (b) any rent or instalment thereof payable to the owner of the fi::ld ,·h~mnel. which is not paiq when it becomes due may, on behalf of the Pwner, be recoverable as an arrear of land revenue in accordance 'with the provi \'i:i.h. sions of the Maharashtra Land Revenue Code, 1966. XU "f '9 6. 89. (I) When the amount of water rat1:: or instalment thereof or any other Recover) of ~nm due in respect of any land payable to the Company or Zilla JJ,il"ishad ~ater ratbe. 1 h C 1 Offi ' h r • • e c .. pay e er to t .e ana r cer on ot! alf of the Company or Zilla Panshad under to Company, lhe provisions of this Act is not paid to the Company or Zilla I'arishad Zilla Pari or to such Canal Officer on the date when it becomes due or when demand- shad, etc. ed after it has become due, such amount or sum may be recovered acc9rding to the provisions of sub-section (2) of this section. (2) Where any amount or sum or any instalment thereof payable to the Company, Zilla Parishad or to any Canal Officer on behalf Of ihe Company er 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 an<l thereupon, the Collector shall recover the sum due or claimed as arrea'r 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 constit1.1ted 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. (3) Subject to the provisions of ·this Act and to the previous approval of the State Government, the President of the Tribunal may make regulatiorns for reguiating the practice and procedure of the Tribunal, including the a ward of costs by the Tribunal, the levy of any process fee. provisions for recovery thereof in the form of court-fee stamps, the right of appearance before the Tribunal, the place or places of its sitting, the disposal by the 9658 .Maharashtra Irrigation Act, 1976 [1976: Mah. XXXVJJJ 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 dis charge of its functions under this Act. (4) The regulations made under this section shall be publhhed in the Official Gazelfe. PART IX OBTAINING LABOUR FOR CANALS ON EMERGENCIES Procedure 90. (/) Whenever it appears to a Canal Officer duly empowercJ te act for obtaining under this section that labour for works or repairs urgently required. (a) unless some work or repair is immediately executed such serious damage will happen to any canal as lo cause sudden and extensive public injury ; (b) unless some clearance of a canal or other work which is necessary in order to maintain the established course of irrigation is immediately executed, serious public loss will occur; and (c) the labourers necessary for the proper execution of such repair, clearance or work cannot be obtained in the ordinary manner within the time that can be allowed for the execution of the same so as to prevent such injury or loss ; the s:iiJ Cana] Officer may, by order under his hand, direct that the provi sions 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 loi:gJity where such repair, clearance or wo1 k 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 ~ll'thoriscd by him in this behalf, be bound to assist in the execution of such repair, clearance or work by 1abouring thereat as such ofilcE'r or any person authorised by l!im in thh behalf may direct. (2) All persons so labouring shall be entitled to payment at rates whici1 shall not be less than the highest rates for the time being paid in the neighbourhood for similar labour. List of 91. S.1bject to such rules a~ may from time to time be prescribed under Labourers. section 114 in this behalf, the Collector shall pr~pare a· list of persons liable to be required to assist as aforesaid, and may frcm time to time add to or alter such list or any part thereof. Reports ~o ez. Al! orders made under section 90 shall forthwith reported to the Collector be made I h A . A th "ty by Canal anc t -e ppropnate u on . Officer. ··I I 1976 : Mab. XXXVIU] Maharashtra Irrigation Act, 1976 PARTX PENALTIES 93. ( /) Whoever voluntarily and without proper authority ( a) damages-, alters, enlarges or obstructs any canal ; 9659 (b) interferes with, or increases or diminishes the supply of water in, or the ffow of water from, through, over or under any canal, or by aAy 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 gras' or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures or causes to be removed, wt, er otherwise 1 injured any tree, bush, grass or hedge intended for the protection of such canal or embankment ; (h) neglects, without reasonable cause, te assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do under section 90 ; (i) cases onself on the banks, or in the hcannel, 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 temporary channels dug out for supply on a temporary basis after the period of sanction is over ; (/) fails to assist a Canal Officer in the discharge of his duties whenever called for ; r (m) viQlates any rule made under sectioa 114 for breach where of the ~tate Government skall, in suck rules, direct that a penalty may be incurred. H 4206--5 Penalty for demaging canal, etc. Penalty for endanger ing stability of canal, etc., 9660 Maharashtra Irrigation Act, -/976 (1976: Mah. XXXVIll (2) without prejudice to the provisions of section J 9, whcever obstructs the fidd to field irrigation from any canal ; (J) whoever c01;itravenes 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 fkld-chanr.cl, or using a. field-channel, neglects to take proper precautions for the prevention of waste <-'f the water thereof, or interferes with the authorised distribution of the water ~ therefrom, or uses such water in an unauthcrised manner or prevents or inter feres with the lawful use of such field-channel hy any person authorised to use the same or declared to be joint owner thereof under section 29 : shall, when such act docs not amount to an dI~ncc d committine: mischief XL V within the meaning of the Indian Penal Code. on cor.viction, be pu~1ished for ~~60. 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 ill 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. 94. Whoever without proper authority (J) pierces or cuts ihrough or attempts to pierce or cut through, or other wise 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-embank ment or refuses or neglects to remove any such dam or obstruction when law fully required so to do ; shall, when such act shall not amount to an offence of commntmg mis- X V chief within the meaning of the Indian Penal Code. on conviction, be punished ofL for each such offeace with fine which may extend to one thousand rupees, or 1860 with imprisonment for a term which may extend to one year or with both, and in the case of a continuing offence, with an additio;11al fine which may extend to fifty rupees for every day during which such offence continues after conviction for the first such offence. Obstruction 95. Whenever any person is convicted under either .of ihe last two preceding to be sections, the convicting Magistrate may order that he shall remove the obstruc dr~moved tion or repair the damage in respect of which the conviction is held within a an re~:J:C~~ period to be fixed in such order. If such per::;on neglects or refuses !O 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. XXXVUI] Maharashtra Irrigation Act, 1976. 9661 96. Any person in charge of, or employed upon any canal, may remove Perso"ns from the lands or buildings belonging thereto;, or may take into custody without ~~~1~l:t a warrant, and take forthwith before a Magistrate or to the nearest police station. may take . . offenders to be dealt with according to law, any person who within his view-- into (/) wilfully damages, obstructs or fouls any canal ; or (2) withorut proper authority interferes with the supply or fl.ow of water, in or from any canal, or in any river or stream so as to endanger, damage, make dangerous or render less useful any canal. custody. 97. (J) Notwithstanding anything contained in the foregoing provisions of this Procedure in Part, where a Canal Officer duly empowered in this behalf is of opinion tltat respect of water in any canal is being used unauthorisedly, the Canal Officer may, with machine, · · h d" d . · ed" l h apparatus a view to preventmg sue use, 1rect any person to es1st 1mm iate y on t e with which issue of such direction from using water on such canal unauthorisedly. On canal . his failure to comply with the direction, the Canal Officer may seek the assis- w~~r is tance of such police officer or any person supplying electricity under any law ~nauthori­ for the time being in force in the State as the Canal Officer deems necessary sedly. and by order direct the seizure and removal of the machine, contrivance, equipment or ;any other apparatus wha:tsoever with which water was or is being lifted or used unauthorisedly from such canal such machine, contrivance, equipment or apparatus shall be kept in safe custody till such period not exceeding 30 days as the Canal Officer may from time to time specify in his order. The machine, contrivance, equipment or apparatus removed as afore said shall be restored to the person from whose custody it was removed af.ter 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 forefeited to the Appropriate Authority. · r (2) Any person aggrieved by the order of the Canal Officer under sub section (J) may, '.Vithin 15 days of the date of receipt of such order by him, appeal to the Appropriate Authority, and that Authority may, with the least possible delay, pass such· order as it may deem fit in the circumstances of the case. The decis.ion of the Appropriate Authority in appeal and subject thereto, the decision of the Canal Officer shall be final. 98. Notwithstanding anything contained in the Code of Criminal Procedure, Cognizance 2 of 1973, all offences punishable under sections 93 and 94 shall be congnizable and ~~:~~~ 1974. baillable. 99. Whoever abets any offence punishable under this Act, or attempts to Abetment. commit any such offence shall be punished with the punishment provided in this Act for such offence. H 4W6-5a 9662 Maharashtra Irrigation Act, 1976 (1976 : Mah. XXXVIII . Reward to 100. If a person notices an unauthorised use of canal water for wkich informants. · h h b. •ct d · h. A pums ment as een prov1 e m t 1s ct and the rules made thereunder and if he informs a Canal Officer in writing of such use and if this information leads to the detection of the offence and of the person responsibe for the offence, the Appropriate Authority may grant him such reward as it may deem fit. Coml?ensa- 101. Whenever any person is fined for an offence under this Act, -the court ~rl~a\~ which imposes such fine, or which confirms in appeal or revision a sentence of persons such fine, or a sentence of which such fine forms part, may direct that the whole injured. or any part of such fine may be paid by way of compensation to any person injured by such offence. Comp?undf 102. (1) The Appropriate Authority may, either before or after the institu off~~~~. tion 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 com position thereof a sum of money not exceeding two hundred and fifty rupeeli within such time as Appropriate Au'thority 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 Appea.1 ~nd 103. (1) Every order passed by a Canal Officer under sections 20, 25 31, 33, rev1smn. b · C 1 Offi · r 51, 52, 53, 55 and 56, and every order made y an auth~msed ana cer m 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 appealablc to the Appropriate Authority. (2) Every order passed under any provision of this Act for which no specific provision has been made shall be appe.alable 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 the Act for the purpose of satisfying itself as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such Canal Officer. If in any case it appears to the Appropriate Authority that any decision, order or proceed ings so called for should be modified, annuled or reversed, it may pass such ·order thereon as it deems fit : Provided that the Appropriate Authority shall not modify, annul or reverse any decision or order without giving to the persons affected thereby a reason able opportunity of being heard. 1976 : Mab. XXXVIIl] Maharashtra Irrigation Act, 1976 9663 PART XII MISCELLANEOUS 104. No suit shall lie in any civil court contesting the validity of a Canal Suit• barrod Officer's order, under section 32, 70 or 71 ; and no claim whatsoever made in oortain against the Appropriate Authority for approving or sanctioning any such order cases. shall be entertained by any civil court. JOS. (J) On the publication of a notification in the Official Gazette Excavation under section 3 of this Act or from the date of modification of that notification f' dwells di~ under that section, any person desiring to construct a well in his land in the i~~g!b1:'1 e irrigable command of the canal referred to in such notification~ shall inform the command of Ca l Offi. f h. · · d canal to bo na cer o ts mtentton to o so. intimated. (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 Right in tank other acts on land in the bed of or on the bank of any canal and to fish ~=~i~~n~;::i or ply a vessel in a reservoir or tank on, across or along a canal or plying ~f channel maintained or controlled by the Appropriate Authority shall vest ~=~ke;,s ~fc., in the Appropriate Authority and the Appropriate Authority may dispose co~trol!ed or f h "gh · h be "bed ma1nta1ned o any sue n ts m sue manner as may prescr1 . by Appro priate Aui hority to ve8t in Appropritttc Authority. I07. No person shall conduct mining or quarrying operations requiring the Prohibition use of explosive within a distance of 200 metres from the boundaries of a canal, of minin g, . . . • . . or quarrmg without the wntten perm1ss1on of the Canal Officer duly empowered m this behalf. operations. 108. Where a person damaging, altering, enlarging or obstructing any canal Rc-covery of or causing damage or obstruction to, or alteration or enlargement of, such canal cost ~f without proper authority cannot, after such enquiry as the Canal Officer may dc;'~~;~hen deem fit, be identified, the Canal Officer, after giving not less than one month's offender is notice in writing to the holders and occupiers of all lands benefited thereby and !Jflab;:erta after hearing their representations, if any, recover from them in 1.mch proportion ma e. 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. 109. Any Canal Officer empowered under this Act to conduct any inquiry may Power to d · h d "h · d ·· f. summonaa exercise all sue !)Owers connecte wit summonmg an exammmg o witnesses examine v of and the production of documents as are conferred on civil courts by the Code of witnes~es. 1908 Civil Procedure, 1908 ; and every such inquiry shall be deemed to be a judicial XL~ proceeding within the meaning of sections 193 and 228 of the Indian Penal Cc.de .. 1860 · • · A h . d b" h . l . 110. Tne Appropnate ut onty, an su 1ect to t e previous approva Delegauon of the Appropriate Authority, any Canal Officer may, by notification in the of J'~~tl~s Official Gazette, direct that all or any of the powers conferred or duties an 8 • imposed on jt or him by or under this Act may, subject to such restric I J 9664 . Maharashtra Irrigation Act, 1976 [1976: Mah. XXXVlll tions and conditions, if any, be exercised also by such officer not below such rank, as may be specified in the notification. Servi~ of 111.. Service of any notice under this Act shall be made by delivering or notices tendenng a copy thereof signed by the officer therein mentioned. Whenever it m~y be practicable. the service of the notice shall be made on the person therem named. When such person cannot be found, service may he made on any adult male member of his family residing with him, if no s.uch adult m~le 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 <;uch notice by post in a registered cover addressed to such person at his usual place of residence. Power of 112. (1) The State Government may, by an order in writing, give to the SmtatentGtove:n- Company or any Zilla Parishad such instructions or directions for the maintenance e 0 give d · · · f h 1 d ·1 d b · · h directions to or a mm1stration o t e cana s constructe , control e or managed y 1t m sue Comp~ny manner and within such period as may be specified in the order; and it shall i~~is~~~~ be duty of the Company or the Zilla Parishad to give effect to such instruciions regarding or directions. maintenance of their (2) If the Company or a Zilla Parishad fails to give effect to such instructions canals a· · · h. h . d "fi . h d h St G · or irechons wit m t e per10 spec1 ed m t e or er, t e ate overn.ment may carry out the repairs or maintain the canal at its own expense in the manner indicated in the order made under sub-section (J) ; 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 Compa'.ny 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. Public 113. No suit, prosecution, or other legal proceedings shall be main servant and tained against any public servant. or persons appointed under this Act in som;e~i~~ respect of anything in good faith done or purporting to be done under the provi protected sion thereof or the rules made thereunder. from legal proceedings Rules. 114. (1) The State· Government may, by notification in the Official Gazette and subject to the conditiqn of previous publication, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the provisions of sub-section (J), such ru1es may provide for all or any of tfre 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 ; 1976: Mah. XXXVlll) ,'\1ahtffiI\htrt1 Irrigation Ac( 197ti 966.5 I (ii) under clause (a) of seclion 4. declaring the meaning of " wet " in relation to lands; <tii) under section 10, specifying the class of Canal Oflicers by ~horn the duties shall be performed or power exercised ; (iv) (a) under clause (ix) of sub-section (2) of section 34, prescribing the other particulars which the draft scheme for compulsory constructions of field channels shall contain ; · (b) under sub-section (3) and (4) of section 34, prescribing the manner of publishing the draft scheme and the final scheme ; (v) under section 3). prescribing the m.1nner of construction of field channds 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 occupiers of land to construct field chamiels shall be given ; (vii) under clause (a) sub-section (J) of section 39, prescribing the form of certificate of completion of field-channel to be issued by an authorised Canal Officer; (viii) under sub-section (3) of section 44, aU matters connected with the I of enforcement of the provisions of the Land Acquisition Act, 1894, in so far as 1894. they are applicable to the acquisition of land or extinguishment of the right or interest ; (ix) under sub-section (3) of section 47, determining the crops, and the period or periods during which such crops may be sown, planted and grown and for regulating supply of water for the purpose and for matters referred to in that sub-section ; (x) under section 52, fixing charges for unauthorised use of water ; (xi) under sub-section (J) of section 53, fixing charges in respect of water suffered to run to waste ; (xii) under sub-sectbn (J) of section 57, regulating the supply oi' water from any canal and also prescribing dates before which applications for supply of water shall be made and for sar.ctioning supply ; (xiii) under sub-section (J) of section 58, ·prescribing the form of applica tion for supply of water from a c~nal ; and under sub-section (5), the manner in which the application for supply of water shall be dealt with ; (xiv) under section 68, providi11g 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 worb or distribution system of a canal; and for deduction from rates under clause (e) of t!:iat. section. (xv) under section 71, providing for disribution and payment of compen sation for r-lamage::; in respect of any land under any irrigation agreement when such agreement is cancelled ; 9666 Maharashtra Irrigation Act, 1976 (1976 : Mah. XXXVIII (xvi) under sub-stction (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 (J) of section 88, rules for determining lhe 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 '° assist on wor~s or repairs urgently required; (xix) under section 93, regulating the animals or vehicles to pass in or cross 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 prrovision 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 desi1ing to construct a well in his land under the irrigable command of a canal is required to inform the Canal Officer ; (xxiz) under section 106, prescribing the manner in which the Appropriate Authority may dispose of the rights in tank, bed-lands, fiishing and playing of vessels in tanks, etc. (xxiii) under section 120, the guidelines 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 (J) of section 129, prescribing the guidelines for constitution of a Water Committee for each village in which a Second Class Irrigation Work is sHuated; (xxv) for any other matter for which rules a~e reqwired to be made under this Act, or generally for carrying out the purposes thereof. (3) Every rule made under this Act shall be 1aid 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be . made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such 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 dcne or omitted to be done una~r that rule. 1976 : Mah. XXXVIIl] Maharashtra Irrigation Act,. 1976 9667 I US. Nothing in this Act, shall be deemed to apply to any canal channel Saving of . ' ' certain water reservoir, lake or other collection of water belonging to, or vestmg, or under works. fine control of any local authority other than Zilla Parishad. 116. (J) Notwithstanding anything contained in this Act, where a lift irriga- Application . k h b d . . ed II d b . b f h of certain hon wor as een constructe , mamtam or contro e y a society e ore 1 e provisions commencement of the Act or any society desires after such commencement to 0 1 f :.\ctt!0 Lift rr1ga ion construct, maintain or control any spch work, and the society desires that certain Works of provisions of this Act and rules made thereunder should apply to such work or ~~~~k":tive all the lands within the irrigable commanfll of the work or the lands adjoining thereto, the society shall make an application- to the Canal Officer duly em powered by the State Government in this behalf stating therein the location of the work, the area within the irrigable command of the work, ~nd the provisions of tke 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 (J), 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 aforesaro 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 OT not provisions of the Act or rules specified by him should not be applied to such work and fands and the consequences flowing from the applica tion of such provisions to the lift irrigation work and lands. (3) The State Governm'ent on receipt of the application and the remarks of the Canal Officer may, by a notification in the Official Gazette, dire·~t that such provisions of the Act and the rules thereunder, if any, shall apply to· such irriga tion work and lands subject to such conditions, if any, as may be specified in the notification, and thereupon, the provisions of the Act and the rules, if any, specified in the notification shall take effect in relation to such lift irrigation work and lands as they take effect in relation to a canal of an Appropriate Auth0rity: Provided that no notification which does not provide for complying with the request of the society contained in the application made under sub-section (J), shall be made unless the persons affected and th". society have been given a reasonable opportunity to be heard. Explanation.-In th is section " society " means a lift irrigation society registered Mah. or deemed to be registered under the Maharashtra Co-operative Societies Act, ~}v 1960. r 1961. 9668 Mahdraslztra lrrigation Act. 1976 PART XIII SECOND CLASS IRRIGATiON WORKS [1976 : Mab. XXXVllI Application 117. This Part shall apply to the Second Class Irrigation Works only. existing of this Part to Second immediately before the commencement of this Act. Class Irrigation Works. Applicalion 118. (1) A Second Class Irrigation Work shall be deemed to be a of certain . sections and canal within the meaning of clause (2) of section 2 and to such work. the followillg Parts of this . · b 1 I Act to sections and Parts only shall, so far as may e, app y, name y : Second Class . . . . Irrigation Section 2, Part II, sections 11. 14, 15, 17~ to 21, 23 to 30 (both mclus1vc), Works. 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 ihis Part. be subject to the following modification, 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 com mencement of this Act or revised as hereinafter provided, field channels ·• shall be substituted. (i1) in section 24, for the words "Any person " the words "Subject as aforesaid, any person " shall be substituted ; (iii) in section 27, in sub-section (2) for the portion beginning with the words " by such field channel " and ending with the words " as the case may be " the following shall be substituted, namely : "on such terms as may be recorded in the record-of-rights prepared or revised as hereinafter p;:ovided "; (iv) the section 28, the following proviso shall be added, nemely : " Provided that no such private arrangement shall affect any rights to water recorded in the record-of-rights alre:idy prepared or revised as herein after provided."; (v) in section 51 in sub-section (1), for the words "Every agreement for" the words " All rights to " shall be substituted, and afte:o.· the words " other immoveable property" the words "which have been recorded in the rccord of-rights already prepared or revised as hereir1after provided " slrnll be inserted. Sub-sections (2) and (3) of the same section ~hall l::e omitteo. (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 (/), the words and figures "section 12, section 13," shall be omitted ; (viii) in section 93, in clause (1), sub-clause (h) £hall 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, 19i6 9669 119. (1) The Irrigation Record-of-Rights prepared in respect of any Reyisi<?n of Second Class Irrigation Work and in force -immediately before the com- rc!~~~~f­ mencement of this Act in any part of the State shall be deemed to be Rights. 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 Tahsildar. • (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 Governmenf 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 product!. (3) For the purposes of revision under sub-section (}), 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, Commuta having due regard to the maintenance or management of any Second Class t!oghntof r1 s. Irrigation Work, any right contained in the Irrigation Record-of-Rights cannot continue to be exercised to. the extent recorded therein, be shall (subject to such rules as the State Government may from time tc 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. 121. In the event of the State Government undertaking at their own Power of cost any work whereby the supply of water in any Second Class Irrigation ~~~:rnment Work is increased beyond the amount of such supply at the time the- where Irrigation Record-of-Rights was prepared or revised, the State Government ~~~~~:1:~~n may, without prejudice to any rights so recorded, direct that the right to such increasing surplus water shall ·vest in the State Government, and shall be applied as the supply. State Government may deem fit ; and Irrigation Record-of-Rights shall be revised in accordance with such direction. 122. When any Irrigation Record-of Rights has been revised under this Part, it Publication shall be published in the language ~f the residents of the area at the ~ Irrjgayon office of the Tahsildar of the taluka in which the work is situated and in Rl;fs: 0 every town and village whkh, 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 En!ri~ in eYidence in any dispute as to the matters recorded, and shall be presumed t0 be ~~oar~~~f­ true until the contrary is proved or a new entry is lawfully substituted therefor : Rights to be relevant Provided that no such entry shall be so construed as to limit any of the as evidence. powers conferred on the State Government by this Part. 9670 Maharashtra Irrigation Act, 1976 f1976 : Mah. XXXVIII N~tice of 124. (J) No suit or proceedings shall lie against the State Government in su~:v~~ ~ respect. of anything done by the Collector, Canal Officer or any other person €ollector. 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 question shall be dismissed (although limitation has not been set up as a defence) if it has not bee.n instituted within one year from the date of the conr mencement 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 125. In every Second Class Irrigation Work, the following repairs shall to carr~~~; be performed by the persons on whom the obligation to perform them is repairs. imposed by the next following section, that is to say (}) The filling up of gullies, 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 ptickly 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 cle[!rance of waste weirs and waste-channels. Incidence of 126. The obligation to perform the repairs provided by the last preced Ot biig:atyions ing section shall with reference to any land irrigated from such work, be o carr out • • pe.tty deemed to be imposed jointly and severally, in the case of unaltenated repairs. land, on the occupants of the land, and, in the case of all other land, on the holders of the land. Power to 127. If any person, on whom any obligation is imposed with :cference enforce to any Second Class lrri!!ation Work by any of the provisions of this Part, rights and ~ obligations. 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 righ'r. 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. 1976 : Mah. XXXVIIIJ Maharashtra Irrigation Act, 1976 . 9671 128. It shall be the duty of the Talathi of any village or any officer Duty ~f appointed for the purpose within the limits of which any Second Class ~a1:J:~rt Irrigation Work or portion of such work is situated, to report to the failureto . T h. 'Id · h d I f ·1 I f h effect repairs. a s1 ar wit out e ay any at nre or neg ect to carry out any o t e repairs specified in section 125. . 129. (1) In accordance with the rules made under this Act, there be constituted a Water Committee for each village in which a Second Irrigation Work is situated for the purpose of regulating distribution of from such work. shall ConstitutioB Cl of Water ass Committee water for each (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 r.ight to take water as provided in the Irrigation Record-of-Rights. The members of the Committee shall hold office for a period of two years from the date of their nomination, made by an order duly made in that behalf. It shall be lawful for the State Government, or as the case may be, the Zilla ParMzad, 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 village and its power. (a) assist the Canal Officer in detecting and preventing encroachment o.n the . lands appertaining to any such work, prevent damage to such work and report to the Canal Officer any wilful damage caused thereto ; (b) be responsible for the distribution of water according to regulations made in that behalf with the previous approval of the State Government or any officer authorised in that behalf ; (c) decide the crops to be grown in phad and otb.er 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 per sons 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 penatiy may consist of a fine not exceeding two hundred rupees. ( 6) The amount of fine if not p:::.id shall be recovera hie as an arrear of land revenue and the amount of fine paid shall be credited to the Consolidated Fune! 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 Com mittee, subject to the appeal to the Canal Officer, Ehall be final and conclusive. 9672. . Maharashtra Irrigation Act, 1976 (1976 : Mah. XXXVIJI Power of· 130, The State Government may, subject to the condition of prl!vious Govern~!~~ publication, by notification in the. Official Gazette, direct that any existing todc~o~ify Second Class Irrigation Work shall cease to be so, and thereupon, the any existing . . f h" p h II l . 1 . h Second Class prov1s1ons o t !S art s a cease to app y m re ahon t ereto, except as Irnw'gatiokn respects any thing done or omitted to be done under this Part. or . PART XIV REPEAL AND SA YING. Repeal and 131. On the commencement of this Act. the following Acts, that is to rny saving. W the Bombay Irrigation Act, 1879, (ii) the Central Provinces Irrigation Act, 1931, (iit) the Central Provinces and Berar Regulation of Waters Act, 1949, (iv) the Hyderabad Irrigation Act, 1357-F, and Bom. VII of 1879. C.P.III of 1931. C.P. and Berar XXX· vn of 1949. XXIV of 1357 F. (v) the Hyderabad Irrigation (Betterment Contribution and Inclusion Hyd. V of Fees) Act, 1952, 1952. are hereby repealed : Providea 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, fodeiture 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, fodeiture or punishment as aforesaid, 1976: Mah. XXXVIII] Maharashtra Irrigation Act, 1976 9673 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, anythini. done or any action taken ( including any charges created, appointments, rules, notifications, orders, summons, notices, warrants and proclamations made or issued, authorities and powers conferred or vested, record-of-rights pre pared or revised, canals or any water works or water-courses or field channeb 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 proceed ing taken or appeal made, and any Second Class Irrigation Works declared as such, under any law so repealed ) shall, in sc far as such thing done or action taken is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provision 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. r BOMBAY: PRINTED AT-THE GOVERNMENT CE~TRAL PRESS .. e.TIIBMANAGER".' ;,. . :: oom~NT PRBSs. ~No 10e1: o~i . 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