(1) Where the Appropriate Authority is satisfied that, for the better cultivtaion of lands, and production of crops and due preservation and proper utilisation of water resources of any canal, it is expedient in the public interest to regulate the kind of crops that should be sown, planted or grown on lands under the irrigable command of a canal or any part thereof (not being lands irrigated on wells within such irrigable command), and the period during which such crops should be sown, planted or grown on such lands, the Appropriate Authority may, having regard to the soil characteristics, climate, rainfall and water available, by order in writing, make a declaration to that effect. Such order shall be given wide publicity in such manner as the Appropriate Authority may think fit.
(2) On making such declaration, the Canal Officer, with the previous approval of the superior officer authorised by the Appropriate Authority, may specify by notice published in such manner as may be determined by him, the kind of crops that shall be sown, planted or grown on the lands under the irrigable command of the canal or any part thereof, specified in such notice, and the period or periods during which such crops shall be sown, planted and grown. The Canal Officer shall, subject to the provisions of section 50 and of sub-section (3) of this section, thereupon by order regulate the supply of water from the canal for sowing, planting and growing such crops during the period or periods specified in the order.
(3) The State Government may, in consultation with the Company, and the Zilla Parishads concerned, by notification in the Official Gazette, make rules for determining the crops, and the period or periods during which such crops may be sown, planted and grown and for regulating supply of water for the purpose. Such rules may provide for fixing the extent of irrigation and for sowing, planting or growing different crops on the land under the irrigable command of a canal and the factors which may be considered for fixing such extent, for giving publicity to such scheme and for inviting objections and suggestions including provision for calling a meeting of the persons affected by the scheme, and all matters incidental or supplemental as may be necessary for giving effect to the provisions of this section.
Modes of supply of canal water, power to charge mimimum rate.
Power of Appropriate Authority to regulate sowing, planting or growing of crops during specified period on lands under irrigable command of canal.
(4) On the publication of the notice under sub-section (2) of this section, no person shall sow, plant or grow or allow any crop (other than the crop or crops specified in such notice) to be sown, planted or grown on any land under the irrigable command of the canal or any part thereof, specified in such notice and during the period specified therein.
(5) Any person aggrieved by any notice given under sub-section (2) of this section may, within thirty days from the date of publication of such notice, file an appeal before such officer not below the rank of Superintending Engineer (or such officer of the Company or Zilla Parishad declared to be of equivalent rank) as the Appropriate Authority may appoint. The appellate officer may on hearing the parties pass such order as he thinks fit and thereupon, the notice shall stand unmodified or modified to such extent as may be specified in the order.
48. The Appropriate Authority may by an order in writing fix a ceiling on the area of crops which may be grown in the lands under the irrigable command of a canal with water from such canal, and on the area of cash crops specified in such order which may be grown with water from wells situated under the irrigable command of such canal.
Explanation.—In this section “cash crops” means sugarcane, irrigated cotton, irrigated ground-nut, betel leaves, citrus fruits, bananas, grapes, chikus, turmeric, arcanut, tobacco (irrigated) and such other crop as the State Government may, by notification in the Official Gazette, from time to time specify.
Provisions as to supply
49. The supply of water to any field-channel or to any person who is entitled to such supply shall not be stopped except—
(a) whenever and so long as it is necessary to stop supply for the purpose of executing any work ordered by the Canal Officer duly empowered by the Appropriate Authority in this behalf ;
(b) whenever and so long as any field-channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water therefrom ;
(c) whenever and so long as it is necessary to do so in order to supply in rotation the legitimate demands of other persons entitled to water ;
(d) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water ;
(e) within periods fixed from time to time by a Canal Officer duly empowered in this behalf, of which due notice shall be given ;
(f) whenever and so long as it is necessary to stop such supply pending a change in source thereof by a Canal Officer ;
(g) whenever and so long as it is necessary to stop or regulate such supply for the purpose of conservation of the canal water ;
(h) whenever and so long as canal water is used for sowing, planting or growing crops in contravention of the provisions of the notice under sub-section (2) of section 47 ;
(i) whenever and so long as stoppage is necessitated due to any cause beyond the control of the Appropriate Authority ;
(j) whenever and so long as such person does not pay arrears of water rate even after requiring him to pay such arrears by a notice duly served on him.
Power to fix ceiling on area of crops.
Power to stop water.
18 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
50. When canal water is supplied for the irrigation of one or more crops only, the permission to use such water shall be held to continue only until such crop or crops shall come to maturity, and to apply only to such crop or crops.