(1) Every agreement for the supply of canal water to any land, building or other immovable property shall be transferable therewith and shall be presumed to have been so transferred whenever a transfer of such land, building or other immovable property takes place :
Provided that an agreement for the supply of canal water to any leased land made in favour of a lessee after the land is leased to him shall, on transfer of such land, not be so transferable therewith, and shall stand revoked; and the Appropriate Authority may thereafter sanction supply of such canal water either in full or in part to any land or lands as the circumstances of the case may require.
(2) No person entitled to the use of any work or land appertaining to any canal, and except in the case of any agreement referred to in such-section (1), no person entitled to use the water of any canal, shall sell or sublet or otherwise transfer, his right to such use without the permission in writing of a Canal Officer duly empowered to grant such permission.
1[(3) (a) Notwithstanding anything contained in this Act or in any agreement for the supply of canal water to any land, building or other immovable property or in any law for the time being in force or in any agreement for the supply of electricity for operating any machine, contrivance or equipment or other apparatus whatsoever for lifting water, in the public interest, for reasons to be recorded in writing, it shall be lawful for the Appropriate Authority to stop the supply of water, or reduce the area of such supply to such extent, as the circumstances of the case may require, and for the purpose, it shall be lawful for the Canal Officer duly empowered in that behalf to remove or cause to be removed any machine, contrivance, equipment or appratus used or likely to be used for lifting water and to stop or reduce supply of electricity himself or by order direct the licensee or other authority to stop or reduce the supply of electricity to the consumer to such extent as may be specified in the direction. It shall be obligatory on the licensee or other authority to comply forthwith with any direction issued by the Canal Officer under this sub-section.
(b) The Appropriate Authority and the Canal Officer shall give publicity to such stoppage or reduction in supply of water or electricity, as the case may be, in such manner as they, in the circumstances of each case, may think fit.]
Occasional rates
52. If water supplied through a field-channel is used in an unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be identified—
(a) the person or all the persons on whose land such water has flowed, if such land has derived benefit therefrom, or
(b) the person or all the persons chargeable in respect of the water supplied through such field-channel, if no land derived benefit therefrom, shall be liable, or jointly liable, as the case may be, for the charges which shall be made for such use under the rules made in that behalf.
Duration of supply.
Agreement for supply of water transferable with property in respect of which supply is given, etc.
Liability when person using water unauthorisedly cannot be identfied.
1 This sub-section was substituted for the original by Mah. 3 of 1984, s. 2.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 19