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State of Maharashtra - Section

Section 72 in The Maharashtra Irrigation Act, 1976

72. Supply of water under scheme.

(1)Where, in the opinion of the Appropriate Authority, a canal is likely to irrigate lands not exceeding 200 hectares (500 acres) in area, then with a view to providing supply of water from such canal more economically in the public interest, the Appropriate Authority may, by notification in the Official Gazette, prepare a draft scheme for supply of water from such canal to such lands. The draft scheme shall provide for handing over the management of the canal and distribution of water there from to the Water Committee appointed under section 74.
(2)The draft scheme shall contain the following particulars, that is to say:—
(a)the area to which the scheme applies;
(b)the survey numbers of lands included in such area and the names of holders and occupiers thereof;
(c)the period or periods during which water will be supplied to such lands;
(d)the crop or crops which will be permitted to be grown thereon;
(e)the water rate at which water may be supplied to each land included in the scheme: Provided that, no water rate shall be determined by any Zilla Parishad or the company except with the previous approval of the State Government;
(f)the amount to be paid by the Appropriate Authority for the management of the canal to the Water Committee;
(g)for the publication of the scheme in the Official Gazette; and
(h)fixing the period of not less than three months from the date of receipt of the individual notice under sub-section (3) for submission of objections or suggestions to such scheme.
(3)After the publication of such notification in the Official Gazette, the Canal Officer shall as soon as practicable serve individual notice on the holders and occupiers who are likely to be affected by such notification.
(4)After considering such objections and suggestions, if any, as may have been received within the period fixed as aforesaid, the Appropriate Authority may, after making due inquiries, sanction the draft scheme with or without any modifications or may reject it.
(5)The scheme as sanctioned under sub-section (4) shall be published in the Official Gazette, and in the village and at the headquarters of the talukas and of the district in which the lands included in the scheme are situate and shall, on such publication, be final.