The Maharashtra Irrigation Act, 1976

maharashtra · 1976

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S. 1(1) This Act may be called the Maharashtra Irrigation Act, 1976
S. 2Section 2 defines key terms used in the Maharashtra Irrigation Act, 1976, including "alienated land," "Appropriate Authority," and "canal."
S. 3Section 3 defines irrigable lands under a canal and outlines the process for declaring such lands and notifying landowners.
S. 4Section 4 defines "wet land" as land classified by the State Government or declared by a Canal Officer under the Maharashtra Irrigation Act, 1976.
S. 5Section 5 allows the Appropriate Authority to divide and reorganize irrigation areas as needed.
S. 6Section 6 outlines the various classes and designations of Canal Officers appointed by the State Government for irrigation management.
S. 7Section 7 designates the Additional Chief Engineer or specified officer for managing state canals, and respective company or local body officer for private canals.
S. 8Section 8 authorizes the Appropriate Authority to appoint and assign various irrigation officials and additional Canal Officers with specified powers.
S. 9Section 9 outlines the hierarchical reporting structure for Canal Officers under various engineering ranks in Maharashtra.
S. 10Section 10 details how duties and powers of Canal Officers are assigned or default to Sub-divisional Officers if not specified.
S. 11Section 11 allows the State Government to declare the use of natural water sources for canal projects via notification.
S. 12Section 12 allows Canal Officers to enter land, remove obstructions, and close channels for irrigation purposes.
S. 13Section 13 authorizes Canal Officers to enter, survey, and clear land for canal-related investigations and water management.
S. 14Section 14 allows Canal Officers to enter and inspect land for water regulation and management.
S. 15Section 15 allows Canal Officers to enter adjacent land and use materials to prevent or repair canal accidents.
S. 16Section 16 allows Canal Officers to regulate floodwaters to protect dams from damage.
S. 17Section 17 mandates Canal Officers to provide reasonable prior notice to occupants before entering non-canal-supplied buildings for canal-related work.
S. 18Section 18 mandates provision of crossing means and drainage prevention structures for canals, with final dispute resolution by the State Government.
S. 19Section 19 empowers the Appropriate Authority to prohibit or order removal of river obstructions to prevent public health or convenience issues.
S. 20Section 20 allows Canal Officers to order removal or modification of canal obstructions after notification.
S. 21Section 21 allows Canal Officers to remove obstructions and recover costs as land revenue in emergencies.
S. 22Section 22 authorizes the Appropriate Authority to initiate drainage or irrigation works for public health, land reclamation, or flood protection.
S. 23Section 23 mandates field-channels construction by landholders under Canal Officer's direction, while water-courses are built by Appropriate Authority and maintained by landholders.
S. 24Section 24 allows individuals to apply to a Canal Officer to construct a new field-channel at their expense.
S. 25Section 25 allows the Canal Officer to require an applicant to fund part of a field-channel's construction and outlines the process for marking, notifying, and acquiring land for it.
S. 26Section 26 details the Canal Officer's duty to construct field-channels and the owner's obligation to pay for land acquisition and construction costs.
S. 27Section 27 mandates field-channel owners to maintain and repair channels and allows them to share or resign ownership with notice.
S. 28Section 28 allows non-owners to arrange water supply through field channels or apply for permission to use them.
S. 29Section 29 authorizes the Canal Officer to grant field-channel use or declare joint ownership after reviewing objections.
S. 30Section 30 prohibits unauthorized use or alteration of land acquired for irrigation channels without Canal Officer's consent.
S. 31Section 31 mandates Canal Officers to compel field-channel owners to execute or repair work, with costs due to the Appropriate Authority if not done.
S. 32Section 32 allows a Canal Officer to revoke water supply sanction for a field-channel if its owner persistently fails to repair it.
S. 33Section 33 mandates non-owners using repaired field-channels to pay a share of repair costs to the Appropriate Authority.
S. 34Section 34 authorizes Canal Officers to prepare schemes for compulsory field-channel construction if lands aren't irrigated, with landowner consent.
S. 35Section 35 mandates landowners to build field-channels as per the final irrigation scheme after its publication.
S. 36Section 36 allows the use of section 13's provisions for inquiries related to field-channel construction under section 34.
S. 37Section 37 mandates the Canal Officer to require field-channel construction as per the final scheme.
S. 38Section 38 allows the Canal Officer to build field channels at the landowner's expense if they fail to do so within the specified time.
S. 39Section 39 transfers completed field-channel land to beneficiaries and outlines cost recovery by the Appropriate Authority.
S. 40Section 40 outlines how irrigation costs are to be paid and allows deductions for pre-existing field-channel constructions.
S. 41Section 41 allows the Appropriate Authority to mandate Canal Officers to design field-channel construction for irrigation water supply if deemed necessary.
S. 42Section 42 outlines the procedure for resolving disputes among parties regarding field-channel expenses and maintenance.
S. 43Section 43 exempts field-channels under the Bombay Land Improvement Schemes Act from the provisions of Part V.
S. 44Section 44 allows compulsory acquisition of land for canal projects, with specific consultation requirements for Scheduled Areas.
S. 45The provisios of this Capter shall apply in respect of water from a canal supplied under Chapters II, III, IV and V of t
S. 46Section 46 outlines the methods and rates for supplying water from canals for irrigation purposes in Maharashtra.
S. 47Section 47 allows the Appropriate Authority to regulate crops and their planting periods for canal-irrigated lands for better cultivation and water resource management.
S. 48Section 48 allows the Appropriate Authority to set limits on crop areas irrigated by canals and wells.
S. 49Section 49 of the Maharashtra Irrigation Act, 1976 allows water supply stoppage for specific authorized reasons, including maintenance, rotation, conservation, and non-payment of water rates.
S. 50Section 50 allows canal water supply for specific crops until they mature.
S. 51Section 51 allows water supply agreements to transfer with property but not leased land, and permits the Appropriate Authority to stop or reduce water supply for public interest.
S. 52Section 52 imposes liability for unauthorized water use on landowners or water suppliers if the responsible party cannot be identified.
S. 53Section 53 holds canal water suppliers liable for charges if water runs to waste due to unknown neglect.
S. 54Section allows recovery of charges and penalties for unauthorized water use or waste as water rates.
S. 55Section 55 charges cultivated land benefiting from canal leakage or nearby wells a water rate based on canal supply or half the usual rate.
S. 56Section 56 regulates water rates for non-irrigation use from streams or drains, with reduced rates for wells near canals, excluding domestic use.
S. 57(1) Supply of water from any canal shall be regulated according to rules made in that behalf
S. 58Section 58 outlines the process for applying and receiving water supply approvals from canals in Maharashtra.
S. 59Section 59 determines rates for canal water supply, requiring state government approval for local rates.
S. 60Section 60 mandates the formation of a Water Committee for water distribution on a canal if majority landowners consent, with guidance from a Sectional Officer.
S. 61Section 61 allows the Appropriate Authority to make irrigation agreements for water supply with holders and occupiers for specified periods.
S. 62Section 62 outlines the terms and binding nature of irrigation agreements for specified crops in a designated area.
S. 63Where either the holders and occupiers of not less than two- thirds of, or not less than ninety-five per cent
S. 64Section 64 determines consent requirements for irrigation agreements based on occupier's title duration relative to the agreement.
S. 65Section 65 mandates that a notice must be published before enforcing section 63 for irrigation agreements.
S. 66Section 66 allows landowners not directly under a canal's command to apply for irrigation inclusion via mechanical means.
S. 67Section 67 sets water supply rates under irrigation agreements, requiring state approval for rates set by Zilla Parishad or companies.
S. 68Section 68 outlines the liability and payment terms for canal revenue under irrigation agreements in Maharashtra.
S. 69Section 69 allows mutual cancellation of an irrigation agreement by two-thirds or 95% of landholders and occupiers.
S. 70Section 70 allows a Canal Officer to cancel irrigation agreements if field-channels aren't maintained, after notice and approval.
S. 71Section 71 allows a Canal Officer to cancel irrigation agreements with compensation based on canal revenue, subject to Appropriate Authority approval.
S. 72Section 72 allows the Appropriate Authority to draft a scheme for economically irrigating up to 200 hectares, detailing water supply, crops, rates, and management.
S. 73Section 73 allows the Appropriate Authority to appoint the effective date of the scheme and permits its future modifications.
S. 74Section 74 establishes a Water Committee to manage canal operations and ensure equitable water distribution under the Maharashtra Irrigation Act, 1976.
S. 75Section 75 outlines conditions for awarding compensation and remission of water rates for damages caused by irrigation activities in Maharashtra.
S. 76Section 76 limits compensation claims under the Maharashtra Irrigation Act to twelve months unless the Collector finds valid reasons for delay.
S. 77Section 77 mandates compensation for damage caused by canal entry, with a one-month tender period.
S. 78Section 78 allows landholders to petition the Collector for compensation if water supply from the canal is interrupted, with the Collector determining the reasonable amount.
S. 79Section 79 makes decisions on compensation by the Collector or Appellate Authority final unless appealed.
S. 80Section 80 mandates the Collector to publicly announce water use intentions and compensation claims after section 11 notification.
S. 81Section 81 mandates that compensation claims under the Maharashtra Irrigation Act, except those specified in sections 77 and 78, must be filed with the district Collector.
S. 82Section 82 mandates the Collector to determine compensation claims, applying relevant sections of the Land Acquisition Act, 1894.
S. 83Section 83 determines compensation for property affected by irrigation projects based on market value or profit diminution.
S. 84Section 84 of the Maharashtra Irrigation Act, 1976, specifies when compensation for water supply interruption becomes due and allows interest on unpaid amounts.
S. 85Section 85 allows landowners to receive a revenue reduction if compensation is awarded due to water supply issues affecting their land.
S. 86Section 86 adjusts rent for inferior landholders based on compensation and restored water supply value.
S. 87Section 87 exempts compensation under section 44 from the compensation provisions in Part VIII.
S. 88Section 88 outlines the payment and recovery process for water rates, including late fees and treatment of unpaid rates as land revenue arrears.
S. 89Section 89 outlines procedures for recovering unpaid water rates and other dues from lands, involving Collectors and Tribunals for disputes.
S. 90Section 90 mandates Canal Officers to compel local able-bodied persons to assist in urgent canal repairs or clearances, with compensation at local rates.
S. 91The Collector can update or modify a list of persons required to assist in irrigation activities as per prescribed rules.
S. 92All orders made under section 90 shall forthwith be reported to the Collector and the Appropriate Authority
S. 93Section 93 prohibits unauthorized interference with or damage to irrigation canals and related structures in Maharashtra.
S. 94Section 94 penalizes damaging irrigation canals, sluices, or obstructing river currents without proper authority.
S. 95Section 95 mandates removal or repair of canal obstructions by offenders, with costs levied as land revenue if not done.
S. 96Section 96 allows canal supervisors to arrest and report individuals obstructing or damaging canals without a warrant.
S. 97Section 97 empowers Canal Officers to stop unauthorized water use and seize equipment or cut electricity supply.
S. 98Section 98 makes offenses under sections 93 and 94 cognizable and bailable, overriding the Code of Criminal Procedure.
S. 99Section 99 penalizes anyone who abets or attempts to commit an offense under the Maharashtra Irrigation Act, 1976.
S. 100Section 100 allows a reward for reporting unauthorized canal water use leading to detection.
S. 101Section allows courts to order fines from offenders to compensate victims of their offenses.
S. 102Section 102 allows the Appropriate Authority to accept a composition payment to dismiss certain offenses up to ₹250.
S. 103Section 103 outlines the appeal process for orders made by Canal Officers under the Maharashtra Irrigation Act, 1976.
S. 104Section 104 prohibits civil courts from hearing suits contesting Canal Officer's orders or claims against the Appropriate Authority for approving them.
S. 105Section 105 mandates landowners to notify Canal Officer before constructing wells in irrigable areas, with fines for non-compliance.
S. 106Section 106 vests all rights on canal beds and banks in the Appropriate Authority, which can dispose of them as prescribed.
S. 107Section prohibits mining or quarrying with explosives within 200 meters of canal boundaries without Canal Officer's written permission.
S. 108Section 108 allows the Canal Officer to recover repair costs from canal beneficiaries if damage is unidentified.
S. 109Section 109 grants Canal Officers the power to summon and examine witnesses and produce documents, treating inquiries as judicial proceedings.
S. 110Section 110 allows the Appropriate Authority to delegate powers and duties to lower-ranked Canal Officers.
S. 111Section 111 outlines the methods for serving notices under the Maharashtra Irrigation Act, 1976.
S. 112Section 112 empowers the State government to issue maintenance instructions to companies or Zilla Parishads, with penalties for non-compliance.
S. 113Section 113 protects public servants from legal actions for actions done in good faith under the Maharashtra Irrigation Act.
S. 114Section 114 of the Maharashtra Irrigation Act, 1976 authorizes the State Government to make rules for implementing the Act's provisions.
S. 115Section 115 exempts local authority-controlled water bodies from the Maharashtra Irrigation Act's provisions.
S. 116Section 116 allows societies to apply certain provisions of the Maharashtra Irrigation Act to pre-existing or future lift irrigation works and related lands.
S. 117This Part shall apply to the Second Class Irrigation Works only, existing immediately before the commencement of this Ac
S. 118Section 118 of the Maharashtra Irrigation Act, 1976 specifies which sections apply to Second Class Irrigation Works with certain modifications.
S. 119Section 119 allows Canal Officers to revise irrigation rights records for Second Class Irrigation Works.
S. 120Section 120 allows Canal Officers to adjust or terminate irrigation rights for Second Class Works, compensating or granting land as needed.
S. 121Section 121 allows the State Government to claim surplus water from increased irrigation works and revise records accordingly.
S. 122Section 122 mandates the publication of revised Irrigation Records-of-Rights in local language at specified locations.
S. 123Section 123 establishes that entries in the Irrigation Record-of-Rights are admissible as evidence in disputes unless proven otherwise.
S. 124Section 124 protects the State Government from suits for actions by officials and limits suit timelines for irrigation records.
S. 125Section 125 mandates specific repairs and maintenance tasks for Second Class Irrigation Works in Maharashtra.
S. 126Section 126 mandates joint and several repair obligations for irrigators on both unalienated and alienated lands.
S. 127Section 127 empowers Canal Officers to enforce obligations and rights related to Second Class Irrigation Works, with penalties for non-compliance.
S. 128Section 128 mandates Talathi or appointed officers to promptly report any repair failures or neglects in Second Class Irrigation Works to the Tahsildar.
S. 129Section 129 establishes a Water Committee to regulate water distribution and oversee irrigation work maintenance in Maharashtra.
S. 130The State Government can declare existing Second Class Irrigation Work to no longer be so, ceasing application of this Part's provisions.
S. 131Section 131 repeals several old irrigation acts in Maharashtra but preserves existing rights, liabilities, and legal proceedings.
S. 18601976 : Mah
S. 1879Section defines terms like "water rate," "wet land," "Zilla Parishad," and references meanings from the Maharashtra Land Revenue Code.
S. 18941976 : Mah
S. 1908—
S. 1931XXIV of 1357- F
S. 1942Bom
S. 19471976 : Mah
S. 1949Hyd
S. 1952C
S. 1959Mah
S. 1961Section defines key terms used in the Maharashtra Irrigation Act, 1976, including flood embankment, holder, irrigation agreement, and occupier.
S. 1962Mah
S. 1966Recovery of water rate etc
S. 1974Persons employed on canal may take offenders into custody
S. 1976THE MAHARASHTRA IRRIGATION ACT, 1976