Chapter VIII MISCELLA EOUS

Where, by notification under sub-section (2) of section 3, the limits of any service area has been,— (i) increased or (ii) decreased,

the Competent Authority may, notwithstanding anything contained in this Act, by order published in the Official Gazette, provide for following matters, namely:— (a) in the case falling under clause (i), require the Association to include holders of land in the service area so increased as its members and to elect a holder of land in that area as a member of the Committee, (b) in the case falling under clause (ii), - (i) require the Association to exclude its member who are holders of land in the service area so decreased and (ii) removal of members of the Committee representing the area so decreased.

Notwithstanding anything contained in the Bombay Irrigation Act, 1879, where an Association pays water rates before a date stipulated for its payment, the State Government may, by notification in the Official Gazette, reduce the water rates payable by such Association to such extent as it deems fit.

Any dispute or difference arising between members of the Association shall be presented to the Chairperson of the Committee within a period of thirty days from the date it has arisen and the Chairperson may pass such order as he may deem just and proper.

(1) An appeal shall lie to such officer of the State Government as it may. by notification, specify, against any order or decision of the Association or the Managing Committee affecting a member of the Association or any other individual. (2) Such appeal shall be made within a period of thirty days from the date of order or decision. (3) The specified officer may pass such order on the appeal as he may deem just and proper and the order so passed shall be final.

(1) An officer of the State Government authorised by notification published in the Official Gazette, may on of his own motion within two years or, on an application made to him, within one year from the date of any order or decision of the Competent Authority or the Association or the Committee, call for and examine the record of any such order or decision for the purpose of satisfying himself as to the legality, regularity or propriety of such order or decision, and pass such order thereon as he thinks just and proper, within twelve months from the date of service of notice for revision. (2) Where an appeal lies under section 52 and no appeal has been filed, no proceedings in revision under this section shall be entertained upon application. (3) No order shall be passed under this section which adversely affects any person, unless such person has been given reasonable opportunity of being heard.

(1) Where any amount is due from a member of the Association, the Association shall, with the least practicable delay, cause to be presented to the member liable for the payment thereof a bill for the amount due from him specifying the date on or before which the amount shall be paid. (2) If the Association is unable to recover the amount due to it from a member, it shall be recovered as an arrear of land revenue.

(1) In the performance of its functions under this Act, the Association shall be bound by such directions on questions of policy as the State Government may give in writing to it from time to time:

Provided that the Association shall be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the State Government whether a question is one of policy or not shall be final.

(1) In the performance of its functions under this Act, the Committee shall be bound by such directions on questions of policy as the Association may give in writing to it from time to time:

Provided that the Committee shall be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Association whether a question is one of policy or not shall be final.

No suit, prosecution or other legal proceedings shall lie against the Competent Authority, the Association or, as the case may be, the Committee or any member, officer or servant of the Association or, as the case may be, the Committee for anything which is, in good faith, done or intended to be done in pursuance of the provisions of this Act or of any rule made thereunder.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

The Association may, with the previous approval of the State Government, make regulations not inconsistent with this Act or the rules made thereunder for enabling it to perform its functions under this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

The provisions of this Act shall be in addition to and not in derogation of the Bombay Irrigation Act, 1879.