(1)The [the [State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may publish a notification in the [Official Gazette] [These words were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.]-(a)declaring that it is proposed to constitute any canal, [channel, watercourse] [These words were substituted for the word 'channel' by Gujarat 6 of 1984, section 9(i).] stream, river, [well, tubewell, artesian well] [These words were inserted by Bombay 29 of 1950, section 7.], pipe, or reservoir, natural or artificial [or bandhara] [These words were inserted by Bombay 29 of 1951, section 7(1).] or any part thereof, whether constructed, maintained or controlled by [the [State] [These words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] or not, which is actually used or required for the purposes of irrigation, a Second-class Irrigation Works;(b)fixing a period of not less than four months from the date of publication of such notification in the [Official Gazette] [These words were substituted for the words `Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] for the submission of objections to such proposal];Provided that no artificial reservoir or [field-channel] [These words were substituted for the words 'water-course' by Gujarat 6 of 1984, section 8.] supplied from such reservoir which is actually used for the purposes of irrigation by a single irrigation shall be included in such notification except either with the consent of such irrigator of, if in the opinion of [the [State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] such inclusion is necessary in the public interests, then without such consent but subject to the payment, after the issue of the declaration mentioned in sub-section (3), to such irrigator of such compensation for his rights as may be settled in accordance with the provisions of section 79.
