Section 74 in The Maharashtra Irrigation Act, 1976
74. Appointment of Water Committee to execute scheme and its powers.
(1)After a scheme has come into force under section 73, the Appropriate Authority shall appoint a Water Committee to execute the scheme, subject to the superintendence, direction and control of the Canal Officer appointed by the Appropriate Authority for the purpose.(2)The Water Committee shall consist of five persons of whom one shall be the Sectional Officer or his nominee and the remaining four persons may be appointed from amongst the holders or occupiers of land included in the scheme by the Appropriate Authority or any officer thereof duly empowered in that behalf. The members of the Committee shall hold office for a period of two years from the date of their appointment. It shall be lawful for the Appropriate Authority to terminate the appointment of all or any members of the Committee at any time by an order in writing without assigning any reasons. The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction of its business. The Sectional Officer or his nominee shall give all assistance, technical or otherwise, to the Committee, and guide it in its deliberations with a view to securing proper apportionment and distribution of water to all the holders and occupiers.(3)The Water Committee shall—(a)manage the canal and ensure proper distribution of water to the lands included in the scheme; (b) decide the crops to be grown during any period or periods according to the provisions of the scheme;(c)carry out day-to-day maintenance and repairs of the canal;(d)maintain the irrigation system of the canal beyond the outlet in a fit state of supply of water;(e)assist the Canal Officer—(i)in detecting and preventing encroachment on the canal and on the lands appertaining thereto;(ii)for preventing damage to the canal; and(iii)for repairing any damage caused to the canal;(f)have power to impose a penalty for unauthorised use of water, or use of water out of turn or for growing crops contrary to the provisions of the scheme;(g)maintain accounts of the amount paid to it in such manner as may be prescribed.(4)The penalty may consist of a fine not exceeding two hundred rupees, and it shall be liable to be recovered as an arrear of land revenue.(5)Any person aggrieved by the decision of the Water Committee may within forty-five days from the date of receipt of the decision of the Water Committee make an appeal to the Canal Officer or any officer duly empowered by the Appropriate Authority for the purpose.(6)The Appropriate Authority may, not later than two years from the date of the order, call for and examine the record of any inquiry or proceeding underlying such order of the Water Committee, or of the officer appointed by it, for the purpose of satisfying itself as to the legality or propriety of any decision or order, passed or as to the regularity of the proceeding, and it may pass any order upholding, annulling, modifying or reversing the order of the Water Committee or of any such officer:Provided that, no order affecting any person shall be made unless such person is given a reasonable opportunity of being heard.
