Vidhi Codex

The Maharashtra Irrigation Act, 1976

The Maharashtra Irrigation Act, 1976

Infrastructure1976132 sections

The Maharashtra Irrigation Act, 1976, consolidates and updates the law governing irrigation systems, water distribution, and canal management across the State of Maharashtra. It applies to government agencies, local authorities, co-operative societies, and landholders or occupiers utilizing water from public canals, rivers, streams, and reservoirs. The Act regulates the construction and maintenance of canals and field channels, the allocation of water for agricultural and non-agricultural purposes, water rate assessments, and flood control measures. It matters because it ensures equitable water distribution, provides legal mechanisms to prevent water theft, damage, or waste, protects public health, and empowers local water committees to manage local irrigation projects effectively.

Start reading →Read full ActSections
  1. 0. Preamble
  2. 1. Short title, extent and commencement.
  3. 2. Definitions.
  4. 3. Lands under irrigable command of canal.
  5. 4. Wet land.
  6. 5. Divisions of State into irrigation areas.
  7. 6. Canal Officers.
  8. 7. Chief controlling authority in irrigation matters.
  9. 8. Appointment of Canal Officers.
  10. 9. Subordination of Canal Officers.
  11. 10. Power to allot duties among Canal Officers.
  12. 11. Notification when water-supply to be applied for purposes of canal or for regulation, supply or storage of water.
  13. 12. Powers of entry on land, etc.
  14. 13. Entry for enquiry
  15. 14. Power to inspect and regulate water supply
  16. 15. Power to enter for repairs and to prevent accidents
  17. 16. Power of Canal Officer to operate gates in order to regulate floods
  18. 17. Notice to occupier of building, etc.
  19. 18. Means of crossing canals to be provided and obstruction to drainage to be avoided
  20. 19. Appropriate Authority may prohibit formation of obstructions of rivers, etc. within certain limits
  21. 20. Canal Officer may issue order to any person causing obstruction
  22. 21. Canal Officer may cause obstruction to be removed
  23. 22. When drainage works are necessary Appropriate Authority may order scheme to be carried out
  24. 23. Construction of field-channels
  25. 24. Application to Canal Officer for construction of new field-channels
  26. 25. Procedure for constructing field-channels
  27. 26. Procedure after construction of field-channels
  28. 27. Obligation of owner of field-channel
  29. 28. Arrangement with owner by other person
  30. 29. Canal Officer after enquiry may authorise supply or declare applicant to be joint owner
  31. 30. Prohibition of land acquired for field-channel for other purpose; and prohibition against alteration of field-channel
  32. 31. If owner fails to execute work or to repair field-channel, Canal Officer may execute the same
  33. 32. Cancellation of sanction to supply of water for failure to maintain field-channels
  34. 33. Person using field-channel to pay share of expenses of repair
  35. 34. Schemes for compulsory construction of field-channels
  36. 35. Obligation on holders to construct field-channels under final scheme.
  37. 36. Provisions of section 13 to apply.
  38. 37. Notice to holders and occupires of land to construct field-channels.
  39. 38. Power to authorise Canal Officer to construct field-channels.
  40. 39. Consequences of completion of construction of field-channels.
  41. 40. Mode of payment of cost of construction of field channels, etc.
  42. 41. Power of Appropriate Authority to direct preparation of scheme in public interest.
  43. 42. Settlement of disputes as to mutual rights and liabilities of persons interested in field-channels.
  44. 43. Provisions of this Part not to apply to field-channels constructed under Bom. XXVIII of 1942.
  45. 44. Acquisition of land for canals and field-channels.
  46. 45. Application of this Chapter for supply of water under Chapters II to V.
  47. 46. Modes of supply of canal water, power to charge mimimum rate.
  48. 47. Power of Appropriate Authority to regulate sowing, planting or growing of crops during specified period on lands under irrigable command of canal.
  49. 48. Power to fix ceiling on area of crops.
  50. 49. Power to stop water.
  51. 50. Duration of supply.
  52. 51. Agreement for supply of water transferable with property in respect of which supply is given, etc.
  53. 52. Liability when person using water unauthorisedly cannot be identfied.
  54. 53. Liability when water runs to waste.
  55. 54. Charges recoverable in addition to penalties.
  56. 55. Land deriving benefit from percolation liable to water rate.
  57. 56. Levy of water rate for use of percolation water for non-irrigation purposes.
  58. 57. Regulation of supply of water.
  59. 58. Application for supply of water.
  60. 59. Determination of rates for supply of cannal water.
  61. 60. Supply of water on volumetric basis and formation of water Committee.
  62. 61. Power to make irrigation agreements.
  63. 62. Scope of irrigation agreement.
  64. 63. When agreement can be made.
  65. 64. Consent to agreement necessary where land is in possession of occupier other than holder.
  66. 65. Publication of notice before agreement is made.
  67. 66. Inclusion of land irrigated by lift.
  68. 67. Charges for supply of water.
  69. 68. Liability due to irrigation agreement.
  70. 69. Cancellation of agreement by mutual consent.
  71. 70. Cancellation of agreement for failure to maintain field-channels.
  72. 71. General power to cancel agreement.
  73. 72. Supply of water under scheme.
  74. 73. Effect of scheme ; power to vary scheme.
  75. 74. Appointment of Water Committee to execute scheme and its powers.
  76. 75. Compensation when claimable
  77. 76. Limitation of claims.
  78. 77. Compensation for damage caused by entry on land, etc.
  79. 78. Compensation on account of interruption of water-supply.
  80. 79. Decision as to amount of compensation under either of last two sections to be conclusive.
  81. 80. Notice as to claims for compensation in certain cases.
  82. 81. Claims to be preferred to Collector.
  83. 82. Collector to be guided by provisions of Land Acquisition Act, 1894.
  84. 83. Diminution in market value to be considered in fixing compensation.
  85. 84. Compensation when due.
  86. 85. Abatment of revenue demand on interruption of water supply.
  87. 86. Abatment of inferior holder’s rent on interruption of water supply ; and enhancement of such rent on restoration of supply.
  88. 87. Provisions of this part not to apply to acquisition under section 44.
  89. 88. Payment and recovery of water rate.
  90. 89. Recovery of water rate etc., payable to Company, Zilla Parishad, etc.
  91. 90. Procedure for obtaining labour for works or repairs urgently required
  92. 91. List of Labourers
  93. 92. Reports to be made by Canal Officer
  94. 93. Penalty for damaging canal, etc.
  95. 94. Penalty for endangering stability of canal, etc.
  96. 95. Obstruction to be removed and damage repaired
  97. 96. Persons employed on canal may take offenders into custody
  98. 97. Procedure in respect of machine, apparatus with which canal water is used unauthorisedly
  99. 98. Cognizance of certain offences
  100. 99. Abetment
  101. 100. Reward to informants.
  102. 101. Compensation to private persons injured.
  103. 102. Compounding of offences.
  104. 103. Appeal and revision.
  105. 104. Suits barred in certain cases.
  106. 105. Excavation of wells in lands under irrigable command of canal to be intimated.
  107. 106. Rights in tank bed lands, fishing and plying of vessels in tanks etc., controlled or maintained by Appropriate Authority to vest in Appropriate Authority.
  108. 107. Prohibition of mining, or quarrying operations.
  109. 108. Recovery of cost of repairing damage when offender is unascertainable.
  110. 109. Power to summon and examine witnesses.
  111. 110. Delegation of powers and duties.
  112. 111. Service of notices.
  113. 112. Power of State Government to give directions to Company and Zilla Parishads regarding maintenance of their canals.
  114. 113. Public servant and some other persons protected from legal proceedings.
  115. 114. Rules.
  116. 115. Savings of certain water works.
  117. 116. Applications of certain provisions of Act to lift Irrigation Works of Co-operative Societies.
  118. 117. Application of this Part to Second Class Irrigation Works.
  119. 118. Application of certain sections and Parts of this Act to Second Class Irrigation Works.
  120. 119. Repeal and savings
  121. 120. Commutation of rights.
  122. 121. Power of State Government where works are undertaken increasing supply.
  123. 122. Publication of Irrigation Record-of-Rights.
  124. 123. Entries in Irrigation Record-of-Rights to be relevant as evidence.
  125. 124. Notice of suit to be given to Collector.
  126. 125. Obligation to carry out petty repairs.
  127. 126. Incidence of obligations to carry out petty repairs.
  128. 127. Power to enforce rights and obligations.
  129. 128. Duty of Talathi to report failure to effect repairs.
  130. 129. Constitution of Water Committee for each village and its power.
  131. 130. Power of State Government to denotify any existing Second Class Irrigation Work.
  132. 131. Repeal and saving.

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