(1) A Second Class Irrigation Work shall be deemed to be a canal within the meaning of clause (2) of section 2 and to such work, the following sections and Parts only shall, so far as may be, apply, namely:— Section 2, Part II, sections 11, 14, 15, 17 to 21, and 23 to 30 (both inclusive), Part V, sections 49, 51, Part VII and Parts X to XII (both inclusive).
(2) The aforesaid sections and Parts shall, for the purposes of this Part, be subject to the following modifications, namely :—
(i) in section 23, for the words “Field-channels” the words “Subject to any rights recorded in the record-of-rights already prepared before the commencement of this Act or revised as hereinafter provided, field channels” shall be substituted ;
(ii) in section 24, for the words “Any person” the words “Subject as aforesaid, any person” shall be substituted ;
(iii) in section 27, in sub-section (2) for the portion beginning with the words “by such field channel” and ending with the words “as the case may be” the following shall be substituted, namely :— “on such terms as may be recorded in the record-of-rights prepared or revised as hereinafter provided”;
(iv) to section 28, the following proviso shall be added, namely :— “Provided that no such private arrangement shall affect any rights to water recorded in the record-of-rights already prepared or revised as hereinafter provided.”;
(v) in section 51, in sub-section (1), for the words “Every agreement for” the words “All rights to” shall be substituted, and after the words “other immoveable property” the words “which have been recorded in the record-of-rights already prepared or revised as hereinafter provided” shall be inserted. Sub-section (2) and (3) of the same section shall be omitted.
(vi) in section 75, in sub-section (1), in the proviso, clause (c) and sub-section (2) shall be omitted ;
(vii) in section 77, in sub-section (1), the words and figures “section 12, section 13,” shall be omitted ;
(viii) in section 93, in clause (1), sub-clause (h) shall be omitted ;
(ix) in section 103, after the figures “56” the words and figures “and every order passed under Part XIII” shall be inserted.
Application of certain sections and Parts of this Act to Second Class Irrigation Works.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 43