Section 59 in The Goa, Daman and Diu Irrigation Act, 1973
59. Notification of Second-class Canal.
(1)The Government may by notification-(a)declare that it is proposed to constitute any canal, channel, stream, river, well, tubewell, artisian well, pipe or reservoir, natural or artificial or bandhara or any part thereof, whether constructed or maintained or controlled by the Government or not, which is actually used or required for the purposes of irrigation a Second-class Canal.(b)fix a period of not less than three months from the date of publication of such notification for the submission of objections to such proposals:Provided that no artificial reservoir or water-course supplied from such reservoir which is actually used for the purposes of irrigation by a single land holder shall be included in such notification except either with the consent of such land holder or, if in the opinion of the Government such inclusion is necessary in the public interest then without such consent but subject to the payment after the issue of the declaration mentioned in sub-section (3), to such land holder of such compensation for his rights as may be settled in accordance with the provisions of section 64.(2)After the publication of such notification, it shall also be published by the Collector as soon as practicable in the language of the district at Mamlatdar's Office of the Taluka in which the work is situated and in every town and village in the opinion of the Collector is likely to be affected by such notification.(3)After considering such objections as may have been received within the period fixed as aforesaid, the Government may, by notification, declare such canal, channel, stream, river, well, tubewell, artisian well, pipe, reservoir or bandhara or any part thereof to be a Second-class Canal.
