Section 129 in The Maharashtra Irrigation Act, 1976
129. Constitution of Water Committee for each village and its power.
(1)In accordance with the rules made under this Act, there shall be constituted a Water Committee for each village in which a Second Class Irrigation Work is situated for the purpose of regulating distribution of water from such work.(2)Such Committee shall consist of five members of whom, one shall be the Talathi and the remaining four members shall be nominated by the Canal Officer not below the rank of a Superintending Engineer, from the irrigators who have got right to take water as provided in the Irrigation Record-of-Rights. The members of the Committee shall hold office for a period of two years from the date of their nomination, made by an order duly made in that behalf. It shall be lawful for the State Government, or as the case may be, the Zilla Parishad, to terminate the appointment of all or any of the members of the committee at any time by an order in writing without assigning any reasons.(3)The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction of its business.(4)The Water Committee shall—(a)assist the Canal Officer in detecting and preventing encroachment on the lands appertaining to any such work, prevent damage to such work and report to the Canal Officer any wilful damage caused thereto;(b)be responsible for the distribution of water according to regulations made in that behalf with the previous approval of the State Government or any officer authorised in that behalf;(c)decide the crops to be grown in phase and other system;(d)ensure that the persons responsible to carry out the repairs referred to in section 125, are responsible for the proper up-keep of the said work;(e)report to the Canal Officer duly empowered in that behalf the names of persons who neglect or avoid to carry out the repairs referred to in section 125; or who use water from any canal whether or not situated in the village in an unauthorised manner;(f)have the power to levy fine for unauthorised use of water, or for any out of turn or irregular methods adopted for irrigation.(5)The penalty may consist of a fine not exceeding two hundred rupees.(6)The amount of fine if not paid shall be recoverable as an arrear of land revenue and the amount of fine paid shall be credited to the Consolidated Fund of the State.(7)Any person who is aggrieved by any decision of the Committee may, within 30 days from the date of receipt of such decision, file an appeal before the Canal Officer not below the rank of Superintending Engineer, and the decision of the Committee, subject to the appeal to the Canal Officer, shall be final and conclusive.
