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State of Gujarat - Section

Section 75 in The Bombay Irrigation Act, 1879

75. Application of certain sections of the main Act.

(1)A Second-class Irrigation Work shall be deemed to be a canal within the meaning of sub-section (1) of section 3 and to such work the following sections and parts only shall, so far as may be, apply, namely:-Sections 3, 4, [5, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, [25A, 25B] [This figure was inserted, by Bombay 29 of 1951, section 8(1).] 28, 30, Part V, [[sections 49 to 56B] [This portion was inserted by Bombay 59 of 1950, section 8.] both inclusive], section 57,] Part VIII, except sub-section (8) of section 61, and Part IX.
(2)The aforesaid sections and Parts shall, for the purposes of this Part, be subject to the following modifications, namely:-
(i)In section 16 before the word "any" prefix the words-
"Subject to any rights recorded in the Record-of-rights prepared or revised as hereinafter provided."
(ii)In section 17 before the word "any" prefix the words "Subject as aforesaid".
(iii)in section 21 for clause (d), the following shall be substituted, namely:-
"(d) To have a supply of water on such terms as may be prescribed in the Record-of-rights prepared or revised as hereinafter provided."
(iv)To section 22 the following proviso shall be added, namely:-
"Provided that no such private arrangement shall affect any rights to water recorded in the Record of rights prepared or revised as hereinafter provided."
(v)In section 30 for the words "every agreement for" the words "all rights to "shall be substituted, and in the same section after the words "property" the word "which have been recorded in the Record-of-rights prepared or revised as hereinafter provided" shall all be inserted.
Paragraph 2 of the same section shall be omitted.
(vi)In Part V, section 31, proviso clause (c) and the last paragraph shall be omitted.
(vii)In Part V, section 34, the words and figures "section 6, section 7", shall be omitted.
(viii)In Part IX, section 67, after the figures "48" the words "and Part X" shall be inserted.