(1) The provisions of section 63 shall not apply unless a notice has been published in the village or in any other specified area concerned by a Canal Officer that he proposes to take an irrigation agreement in that village.
(2) Such notice shall be published in writing in some prominent place in the village, or as the case may be, in such specified area, and shall be proclaimed by beat of drum at least fourteen clear days before the agreement is finally made.
66. The holder of a land which is not under the irrigable command of a canal but is capable of being irrigated from a canal or field-channel by means of any mechanical contrivance designed to lift the water therein may apply to a Canal Officer to have such land included in an irrigation agreement, and if his application is granted, he shall be entitled to the supply of water in accordance with the terms of such agreement in so far as they may be applicable.
67. The charges for the supply of water under irrigation agreement shall be levied at such water rates as may be fixed by the Appropriate Authority:
Provided that, no such water rates shall be fixed by any Zilla Parishad or the company except with the previous approval of the State Government.
68. In addition to any incident applying generally to liability for payment of water rates, all irrigation agreement shall be subject to the following incidents, namely :—
(a) the canal revenue payable thereunder shall be payable—
(i) if the case falls under clause (c) (i) of section 62 for every year on all land under agreement, whether it has been sown or not and irrigated or not, and
(ii) if the case falls under clause (c) (ii) of section 62 for any year on all land under agreement, which has been sown that year with any of the crops under agreement, whether it has been irrigated or not;
24 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII Consent to agreement necessary where land is in possession of occupier other than holder.
Publication of notice before agreement is made.
Inclusion of land irrigated by lift.
Charges for supply of water.
Liability due to irrigation agreement.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 25
(b) the canal revenue payable on any land for any year shall be collected from the occupier or on his default, from the holder of such land;
(c) at any time when the amount of water available is deficient, or when damage is anticipated to the canal if a full discharge of water is delivered, its supply may be regulated in such manner as any Canal Officer duly empowered in this behalf may determine;
(d) no claim shall arise against the Appropirate Authority for compensation for any loss arising from a failuare or shortage in the supply of water for irrigation or from an excess of such supply :
Provided that, rules may be made under this Act providing for remission of rates charged for supply of water under an irrigation agreement where there has been a failure of crops or a failure to deliver water owing to a defect in the head works or distribution system of a canal; and
(e) the holder of wet land under the irrigable command of a canal in an irrigation agreement relating to the village or any other specified area in which such land is situated shall be entitled to such deduction, if any, from the rates charged for the supply of water under an irrigation agreement as may be provided by rules made under this Act.