Section 46(3) in The Maharashtra Irrigation Act, 1976
(3)Notwithstanding anything contained in sub-section (2), there shall be levied on all those holders or occupiers of lands within the irrigable command of a canal (not being land irrigated on wells within irrigable command) who do not avail of the facility of water supply during kharif and rabi seasons (being seasons determined as such by an order of the State Government) from such canal a water rate equal to fifty per cent. of the seasonal water rate applicable and in force in that season: Provided that no such water rate shall be levied if on demand water is not made available.
