(1) Whenever it appears expedient to the Appropriate Authority that 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 channel where such water or part thereof, is received from any canal constructed by the Appropriate Authority or by any person who has been duly authorised by the State Government, whether by percolation, regeneration, release or otherwise should be applied or used by the Appropriate Authority for the purpose of any existing or projected canal, or for the regulation, supply or storage of water, the State Government may, by notification in the Official Gazette, declare that the said water will be 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.
Subordination of Canal Officers.
Power to allot duties among Canal Officers.
Notification when watersupply to be applied for purposes of canal or for regulation, supply or storage of water.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 7
(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 shall be regulated according to the provisions of this Act.
(3) Save as provided by sub-sections (1) 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 channel 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 circumstances of each case.
Powers of entry on land, etc.
12. At any time after the day named in the notification under section 11, any Canal Officer duly empowered in this behalf, may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water and for such purpose 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 in connection with a projected canal, or with the maintenance of an existing canal 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 and 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 might exercise and do if the State Government had issued a notification under the provisions of section 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
(f) set up and maintain water-gauges and do all other things necessary for the prosecution of such inquiry and examination.