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Bombay Presidency - Section

Section 7 in The Bombay Canal Rules, 1934

7. Application by whom to be made : conditions for sanction.

(1)An application for a supply of water for the irrigation of land for any period may be sanctioned in favour of -
(a)the occupant or joint occupants of the land, or
(b)the superior holder or joint superior holders of alienated land, or
(c)any other person or persons having a right to cultivate the land under irrigation for the period for which supply of water is to be given, or
(d)any other person duly authorised by any of the persons mentioned in clauses (a), (b) and (c) to receive such supply.
(2)An application made by a person having neither such interest in the land as is mentioned in clauses (a), (b) and (c) of sub-rule (1) nor such authority as is mentioned in clause (d) of the said sub-rule may be summarily rejected by the Executive Engineer.
(3)An application made by a person other than the occupant or superior holder shall not be sanctioned unless such applicant furnishes suitable security for the payment of water-rates or other charges which may become payable in respect of any obligation arising out of the sanction of such application, by the execution either of a bond in Form VIII with two sureties to be approved by the officer sanctioning the application or of a mortgage bond in Form IX. In the case of a person who is a member of a co-operative society as defined in the Bombay Co-operative Societies Act, 1925 and who has taken a loan from such society under section 24-AA thereof and has made a declaration in respect of his land in the manner required by clause (i) or (ii) of that section, the execution of a mortgage bond, if any, shall be made in Form IX-A.
(4)When an application is made by the occupant or superior holder, the Executive Engineer may, if he considers that security is necessary, require, by an order in writing, such applicant to furnish similar security as is described in sub-rule (3).
(5)When an application is made by a person other than the occupant or superior holder, the Executive Engineer may refuse to sanction such application unless the consent of the occupant or superior holder has been obtained by the applicant. If the consent of any other person having an interest in the land as mortgagee or otherwise appears to the Executive Engineer to be necessary to ensure that all obligations arising out of the sanction of such application will be carried out he may require such consent also to be obtained by the applicant.