(1) Any Canal Officer duly empowered in this behalf may enter upon any land, building or field-channel on account of which any water rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the land irrigated thereby or chargeable with a water rate, and of doing all things necessary for the proper regulation and management of the canal from which such water is supplied.
1 of
1894.
Power to inspect and regulate water supply.
Entry for enquiry.
Powers of Canal Officers for purpose of so applying water.
(2) Where the flow of water supplied to any land from a canal from field to field is obstructed, then with a view to regulating supply of water, the Canal Officer may require such obstruction to be removed and for that purpose he shall, if necessary, take or cause to be taken such steps or use or cause to be used such force as may be reasonably necessary for securing the removal of such obstruction from the supply of water.
15. In case of any accident being apprehended or happening to a canal, any Canal Officer duly empowered in this behalf may enter upon any land adjacent to such canal, and may take trees and other materials, and execute all works which may be necessary for the purpose of preventing such accident or repairing any damage done.
16. Where any dam is being damaged or damage to any dam is apprehended due to floods, any Canal Officer duly empowered in this behalf may, in the interest of the safety of the dam, regulate the floods by operating gates or gated waste weir on the dam.
17. Where a Canal Officer proposes under the provisions of section 13, 14 or 15 to enter into any building or enclosed court or garden attached to a dwelling house, not supplied with water from a canal, and not adjacent to a flood embankment, he shall give to the occupier of such building, court or garden such reasonable prior notice as the urgency of the case will allow.
Canal crossings
18. Suitable means of crossing canal shall be provided at such places as the Appropriate Authority thinks necessary for the reasonable convenience of the inhabitants of the adjacent land ; and suitable bridges, culverts or other works shall be constructed to prevent the drainage of the adjacent land being obstructed by any canal. Road bridges shall, as far as possible, be provided on all roads crossing a canal, including certified village roads shown by two dotted lines on a village plan. In case of dispute on the question of providing such crossing and of constructing bridges, culverts and other works the matter shall be referred to the State Government and the decision of the State Government on the question shall be final and conclusive, and shall not be called in question in any civil court.
Removal of obstructions to drainage
19. Whenever it appears to the Appropriate Authority that injury to the public health or public convenience or to any canal or to any land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage-course, the Appropriate Authority may, by notification in the Official Gazette, prohibit within limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction. The contents of the notification shall also be published in a newspaper having wide circulation within such limits.
Power to enter for repairs and to prevent accidents.
8 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII Power to Canal Officer to operate gates in order to regulate floods.
Notice to occupier of building, etc.
Means of crossing canals to be provided and obstruction to drainage to be avoided.
Appropriate Authority may prohibit formation of obstructions of rivers, etc. within certain limits.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 9 Thereupon, so much of the said river, stream or natural drainagechannel, as is comprised within such limits, shall be held to be a drainage work as defined in section 2.
20. Any Canal Officer duly empowered in this behalf may, after such publication of the notification under section 19, issue an order to any person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in such order.