(1) No suit or proceedings shall lie against the State Government in respect of anything done by the Collector, Canal Officer or any other person acting under the orders of the State Government in the exercise of any power by this Part conferred on such Collector, Canal Officer or other person or on the State Government.
(2) Any suit or proceeding in which an entry made in any Irrigation Record-of-Rights maintained under this Part is directly or indirectly called in quiesion shall be dismissed (although limitation has not been set up as a defence) if it has not been instituted within one year from the date of the commencement of this Act or from the date of publication of the revised record under section 122, and if one or more appeals have been made against any order of a Canal Officer with reference to any entry in such Irrigation Record-of-Rights, then from the date of any order passed by the final appellate authority, as determined according to this Part.
125. In every Second Class Irrigation Work, the following repairs shall be performed by the persons on whom the obligation to perform them is imposed by the next following section, that is to say—
(1) The filling up of fullies, ruts and holes especially at the back of revetments, and all petty repairs of a like nature essential for the safety of bunds, of tanks, channel-banks or other portions of the said Second Class Irrigation Work.
(2) The prevention of the growth on such work of prickly pear, young trees and other vegetation endangering the safety or concealing the condition of such work.
(3) The preservation of such bushes and grasses as have been planted for the protection of the interior water slopes of such work.
(4) The clearance of silt from sluices, canals, masonry or concrete works, supply and distributing channels.
(5) The clearance of waste weirs and waste-channels.
126. The obligation to perform the repairs provided by the last proceeding section shall with reference to any land irrigated from such work, be deemed to be imposed jointly and severally, in the case of unalienated land, on the occupants of the land, and, in the case of all other lands, on the holders of the land.
127. If any person, on whom any obligation is imposed with reference to any Second Class Irrigation Work by any of the provisions of this Part, fails to fulfil the obligation so imposed, or if any person infringes any right recorded in the Irrigation Record-of-Rights, the Canal Officer duly empowered in this behalf may require him by notice to fulfil such obligation or to desist from infringing such right within a period to be specified in the notice of not less than fifteen days, and in the event of failure may take such steps as may be necessary for the discharge of the said obligation, or the enforcement of the said right, and the amount of any expense so incurred shall be a sum due to the State Government and recoverable as an arrear of land revenue.
Notice of suit to be given to Collector.
Obligation to carry out petty repairs.
Incidence of obligations to carry out petty repairs.
Power to enforce rights and obligations.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 45
128. It shall be the duty of the Talathi of any village or any officer appointed for the purpose within the limits of which any Second Class Irrigation Work or portion of such work is situated, to report to the Tahsildar without delay any failure or neglect to carry out any of the repairs specified in section 125.