(1) In accordance with the rules made under this Act, there shall be constituted a Water Committee for each village in which a Second Class Irrigation Work is situated for the purpose of regulating distribution of water from such work.
(2) Such Committee shall consist of five members of whom, one shall be the Talathi and the remaining four members shall be nominated by the Canal Officer not below the rank of a Superintending Engineer, from the irrigators who have got right to take water as provided in the Irrigation Record-of-Rights. The members of the Committee shall hold office for a period of two years from the date of their nomination, made by an order duly made in that behalf. It shall be lawful for the State Government, or as the case may be, the Zilla Parishad, to terminate the appointment of all or any of the members of the committee at any time by an order in writing without assigning any reasons.
(3) The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction of its business.
(4) The Water Committee shall—
(a) assist the Canal Officer in detecting and preventing encroachment on the lands appertaining to any such work, prevent damage to such work and report to the Canal Officer any wilful damage caused thereto ;
(b) be responsible for the distribution of water according to regulations made in that behalf with the previous approval of the State Government or any officer authorised in that behalf ;
(c) decide the crops to be grown in phase and other system ;
(d) ensure that the persons responsible to carry out the repairs referred to in section 125, are responsible for the proper up-keep of the said work ;
(e) report to the Canal Officer duly empowered in that behalf the names of persons who neglect or avoid to carry out the repairs referred to in section 125; or who use water from any canal whether or not situated in the village unauthorisedly ;
(f) have the power to levy fine for unauthorised use of water, or for any out of turn or irregular methods adopted for irrigation.
(5) The penalty may consist of a fine not exceeding two hundred rupees.
(6) The amount of fine if not paid shall be recoverable as an arrear of land revenue and the amount of fine paid shall be credited to the Consolidated Fund of the State.
(7) Any person who is aggrieved by any decision of the Committee may, within 30 days from the date of receipt of such decision, file an appeal before the Canal Officer not below the rank of Superintending Engineer, and the decision of the Committee, subject to the appeal to the Canal Officer, shall be final and conclusive.
Duty of Talathi to report failure to effect repairs.
Constitution of Water Committee for each village and its power.
46 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
130. The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, direct that any existing Second Class Irrigation Work shall cease to be so, and thereupon, the provisions of this Part shall cease to apply in relation thereto, except as respects any thing done or omitted to be done under this Part.
PART XIV REPEAL AND SAVING
131. On the commencement of this Act, the following Acts, that is to say—
(i) the Bombay Irrigation Act, 1879,
(ii) the central Provinces Irrigation Act, 1931,
(iii) the Central Provinces and Berar Regulation of Waters Act, 1949,
(iv) the Hyderabad Irrigation Act, 1357-F, and
(v) the Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 1952, are hereby repealed :
Provided that the repeal shall not affect—
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or
(d) any investigation, proceeding, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, Power of State Government to denotify any existing Second Class Irrigation Work.
Bom.
VII of
1879.
C. P.
and Berar XXXVII of
1949.
Hyd.
V of
1952.
C. P.
III of
1931.
XXIV of 1357- F.
Repeal and saving.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 47 and any such investigation, proceeding, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed :
Provided further that, subject to the preceding proviso, anything done or any action taken (including any charges created, appointments, rules, notifications, orders, summons, notices, warrants and proclamations made or issued, authorities and powers confered or vested, record-ofrights prepared or revised, canals or any water works or water courses or field-channels constructed, any supply of water made, water rates charged, agreements or contracts made, any taxes or fees levied, any compensation awarded, any labour obtained or supplied for emergency works of canals, any rights acquired or liabilities incurred, any suits instituted or proceeding taken or appeal made, and any Second Class Irrigation Works declared as such under any law so repealed) shall, in so far as such thing done or action taken is not inconsistent with the provision of this Act, be deemed to have been been done or taken under the corresponding provisions of this Act ; and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.
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