(1) Where the holders or occupiers of not less than fifty-one per cent of the lands or not less than fifty-one per cent of the holders or occupiers of the lands to which supply of water under Chapter II is sanctioned from a canal which is provided with a device for measuring water distributed therefrom give their consent in writing to the Canal Officer duly empowered in this behalf to take water on payment on volumetric basis and to form a Water Committee of all such holders or occupiers for distribution of water on that canal in accordance with the provisions of this Chapter. Such consent shall be binding on all the holders or occupiers who will be supplied with water on that canal.
(2) The Canal Officer shall, thereupon by order in writing, require all the holders and occupiers of such lands to take water from such canal on payment on volumetric basis, and direct such holders and occupiers to form the Water Committee within the period specified in the order.
(3) If the holders and occupiers fail to form the Water Committee, the Canal Officer shall, after consulting such holders and occupiers, form the Water committee.
(4) The Water Committee shall consist of five persons, one of whom shall be a Sectional Officer or his nominee and the remaining four may be appointed from time to time by the holders and occupiers of the lands referred to in sub-section (1) from amongst themselves. The Sectional Officer or his nominee shall give guidance or assistance—technical or otherwise—to the Committee, and guide it in its deliberations with a view to securing proper apportionment and distrubution of water to all the holders and occupiers.
(5) The Water Committee may meet from time to time and may follow such procedure as it deems fit for the transaction of the business.
(6) Such water rates shall be levied for canal water supplied to the holders and occupiers for the purposes of irrigation as may be determined by the Appropriate Authority :
Provided that, no such water rates shall be determined by any Zilla Parishad or by the Company except with the previous approval of the State Government.
(7) The functions of the Water Committee shall be—
(i) to measure and receive the quantity of water at measuring device and to ensure proper apportionment and distribution of the same among its members ;
(ii) to receive and enquire into complaints regarding distribution of water and take immediate necessary action to set them right ;
(iii) to make all efforts to prevent unauthorised use or waste of water;
(iv) to assist the Canal Officer in discharging his duties and in detecting unathorised use of water ;
(v) to ensure that only sanctioned crops and areas are brought under irrigation according to the provisions of this Act.
(8) If any holder or accupier is aggrived by any order or decision of the Water Committee, then such holder or occupier may submit an appeal to the Executive Engineer within thirty days from the date of receipt of such order or decision. The decision of the Executive Engineer in such appeal shall be final and conclusive, and shall not be called in question in any court.
Supply of water on volumetric basis and formation of water Committee.
22 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
CHAPTER IV SUPPLY OF WATER UNDER IRRIGATION AGREEMENTS
61. Subject to the provisions of Chapter I of Part VI, agreements may be made in accordance with the provisions of this Chapter, between the Appropriate Authority and the holders and occupiers for the supply of water for irrigation for a period of years specified in the agreements.
Such agreements are called “irrigation agreement”.
62. An irrigation agreement—
(a) shall be for the irrigation of one or more specified crops which are called “crops under agreement” ;
(b) shall be made with the holders and occupiers of all the lands under the irrigable command of a canal in a village or in any other specified area cultivated with the crops under agreement ; and
(c) when duly made in accordance with the provisions of this Chapter shall be binding according to the terms of the agreement, on the holders and occupiers of—
(i) all the lands within the irrigable command of a canal (including wet lands) in the village or in other specified area cultivated with the crops under agreement at the time from which the agreement has effect :
Provided that, where a scheme of consolidation has been confirmed in respect of any land under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the irrigation agreement shall, from the year in which the holders and occupiers, if any, are put into possession of the holdings,—
(a) be binding on the holders and occupires, if any, of all cultivable land newly received in exchange for land which has ceased to be under cultivation ;
(b) cease to be binding on the holders and occupiers, if any, of all land which has ceased to be under cultivation ;
(ii) all the lands described in sub-clause (i) together with such lands as may be cultivated with the crops under agreement at any time during the period of the agreement.
Explanation.—The land of the holders and occupires whereof an agreement is binding is called “land under agreement”.
63. Where either the holders and occupiers of not less than twothirds of, or not less than ninety-five per cent. of the holders and occupiers of, all the land under the irrigable command of a canal in village or in any other specified area cultivated with crops under agreement have given their consent to a proposed irrigation agreement in accordance with the provisions of this Chapter, then the proposed agreement, if accepted by a Canal Officer duly empowered in this behalf, shall be deemed to be an irrigation agreement binding on the holders and occupiers of all land in the irrigable command of a canal in such village or in any other specified area cultivated with the crops under agreement.
Power to make irrigation agreements.
Scope of irrigation agreement.
When agreement can be made.
Bom.
LXII of
1947.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 23