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Section 21

The Maharashtra Irrigation Act, 1976State Act of Maharashtra · Act 38 of 1976

(1) If, within the time so fixed, such person does not comply with the order, the Canal Officer may cause the obstruction to be removed or modified, and if the person to whom the order is issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable as an arrear of land revenue.

(2) The Canal Officer may, in cases of emergency, after recording his reasons in writing, remove the obstruction before the publication of the notification under section 19, and the expenses incurred for such removal shall be recoverable in the same manner. The judgement of the Canal Officer whether or not there is an emergency shall be final, and shall not be called in question in any civil court.

Construction of drainage works

22. Wherever it appears to the Appropriate Authority that any drainage work is necessary for the public health or for reclamation of land, or for the improvement of the proper cultivation or irrigation of any land, or that protection from floods or other accumulations of water, or from erosion by any river, is required for any land (or that a sewage disposal scheme is required for disposal of effluent from any sewage scheme), the Appropriate Authority may cause a scheme for such work to be drawn up and carried into execution ; and the person authorised by the Appropriate Authority may exercise in connection therewith the powers conferred on Canal Officers by sections 13, 14 and 15 and shall be liable to the obligations imposed upon Canal Officers by section 17 and section 77.

PART IV FIELD- CHANNELS Construction of field- channels

23. Field-channels (except the water-course) shall be constructed by the holders or occupiers of land at their cost but subject to the direction of a Canal Officer. The water-course shall be constructed by the Appropriate Authority, but maintained by such holders or occupiers of land ; and the provisions of this Act in so far as they relate to maintenance of field-channels shall mutais mutandis apply in relation to such water-course.

Explanation.—(1) For the purposes of this Act, water-course means the idle length of a channel between an outlet and a field-channel.

Canal Officer may issue order to any person causing obstruction.

Canal Officer may cause obstruction to be removed.

When drainage works are necessary Appropriate Authority may order scheme to be carried out.

Construction of fieldchannels.

(2) If any question arises as to what is the idle length of any channel constituting a water-course, the question shall be referred to the Canal Officer duly empowered in this behalf, and his decision on the question shall be final and conclusive.

24. Any person desiring to construct a new field-channel, but being unable or unwilling to construct it under a private arrangement with the holder of the land required for the same, may apply in writing to any Canal Officer duly empowered to receive such applications, stating—

(1) that he is ready to defray all the expenses necessary for acquiring the land and constructing such field-channel ;

(2) that he desires the said Canal Officer on his behalf and at his cost to do all things necessary for constructing such field-channel.

Where this provision sits

ActThe Maharashtra Irrigation Act, 1976
Section21
JurisdictionState of Maharashtra
StatusIn force as published by the source

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