(1) On the publication of a notification in the Official Gazette under section 3 of this Act or from the date of modification of that notification under that section, any person desiring to construct a well in his land in the irrigable command of the canal referred to in such notification, shall inform the Canal Officer of his intention to do so.
(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 other acts on land in the bed of or on the bank of any canal and to fish or ply a vessel in a reservoir or tank on, across or along a canal or channel maintained or controlled by the Appropriate Authority shall vest in the Appropriate Authority and the Appropriate Authority may dispose of any such rights in such manner as may be prescribed.
107. No person shall conduct mining or quarrying operations requiring the use of explosive within a distance of 200 metres from the boundaries of a canal, without the written permission of the Canal Officer duly empowered in this behalf.
108. When a person damaging, altering, enlarging or obstructing any canal or causing damage or obstruction to, or alteration or enlargment of such canal without proper authority cannot, after such enquiry as the Canal Officer may deem fit, be identified, the Canal Officer, after giving not less than one month’s notice in writing to the holders and occupiers of all lands benefited thereby and after hearing their representations, if any, recover from them in such proportion 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 exercise all such powers connected with summoning and examining of witnesses and the production of documents as are conferred on civil courts by the Code of Civil Procedure, 1908; and every such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.
suits barred in certain cases.
Excavation of wells in lands under irrigable command of canal to be intimated.
Rights in tank bed lands, fishing and plying of vessels in tanks etc., controlled or maintained by Appropriate Authority to vest in Appropriate Authority.
Recovery of cost of repairing damage when offender is unascertainable.
Prohibition of mining, or quarrying operations.
Power to summon and examine witnesses.V of
1908.
XLV of
1860.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 37
110. The Appropriate Authority, and subject to the previous approval of the Appropriate Authority, any Canal Officer may, by notification in the Official Gazette, direct that all or any of the powers conferred or duties imposed on it or him by or under this Act may, subject to such restrictions and conditions, if any, be exercised also by such officer not below such rank, as may be specified in the notification.
111. Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by the officer therein mentioned.
Whenever it may be practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, service may be made on any adult male member of his family residing with him, if no such adult male 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 such notice by post in a registered cover addressed to such person at his usual place of residence.