Section 116 in The Maharashtra Irrigation Act, 1976
116. Applications of certain provisions of Act to lift Irrigation Works of Cooperative Societies.
(1)Notwithstanding anything contained in this Act, where a lift irrigation work has been constructed, maintained or controlled by a society before the commencement of the Act or any society desires after such commencement to construct, maintain or control any such work, and the society desires that certain provisions of this Act and rules made there under should apply to such work or all the lands within the irrigable command of the work or the lands adjoining thereto, the society shall make an application to the Canal Officer duly empowered by the Government in this behalf stating therein the location of the work, the area within the irrigable command of the work and the provisions of the Act and the rules made there under which should apply to such work or the lands aforesaid and such other particulars as the Canal Officer may require.(2)On receipt of the application under sub-section (1), the Canal Officer shall verify the contents of the application and shall forward the application to the State Government with his own remarks thereon. In forwarding the remarks, the Canal Officer shall in particular examine the provisions of the Act and the rules which the society desires should be made applicable to the lift irrigation work and the aforesaid lands and offer his remarks on the extent of protection the society is likely to receive in relation to such work or lands whether or not it is necessary to extend any other provisions of the Act or rules or whether or not provisions of the Act or rules specified by him should not be applied to such work and lands and the consequences flowing from the application of such provisions to the lift irrigation work and lands.(3)The State Government on receipt of the application and remarks of the Canal Officer may, by a notification in the Official Gazette, direct that such provisions of the Act and the rules there under, if any, shall apply to such irrigation work and lands subject to such conditions, if any, as may be specified in the notification; and thereupon, the provisions of the Act and the rules, if any, specified in the notification shall take effect in relation to such lift irrigation work and lands as they take effect in relation to a canal of an Appropriate Authority:Provided that no notification, which does not provide for complying with the request of the society contained in the application made under sub-section (1), shall be made unless the persons affected and the society have been given reasonable opportunity to be heard.Explanation.—in this section “society” means a lift irrigation society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960.
