Section 89 in The Maharashtra Irrigation Act, 1976
89. Recovery of water rate etc., payable to Company, Zilla Parishad, etc.
(1)When the amount of water rate or instalment thereof or any other sum due in respect of any land payable to the Company or Zilla Parishad or to the Canal Officer on behalf of the Company or Zilla Parishad under the provisions of this Act is not paid to the Company or Zilla Parishad or to such Canal Officer on the date when it becomes due or when demanded after it has become due, such amount or sum may be recovered according to the provisions of sub-section (2) of this section.(2)Where any amount or sum or any instalment thereof payable to the Company, Zilla Parishad or to any Canal Officer on behalf of the Company or Zilla Parishad by or under this Act is not paid on the date when it becomes due—(a)and the claim is not disputed, or the amount in dispute does not exceed Rs. 100, the Canal Officer duly empowered to enforce the provisions of this section may send to the Collector a certificate under his hand indicating there in the sum which is due to, or claimed by, the Company, Zilla Parishad or Canal Officer, as the case may be, and thereupon, the Collector shall recover the sum due or claimed as arrear of land revenue;(b)and the claim is disputed, and the amount in dispute exceeds Rs. 100, then it shall be referred to the Tribunal consisting of one person constituted by the State Government for the purpose; and the Tribunal shall, after making such inquiry as it deems fit, and after giving to the persons by whom the amount is alleged to be payable, an opportunity of being heard, decide the question. The decision of the Tribunal shall be final, and thereupon, the Collector shall recover the amount determined to be due as an arrear of land revenue.(3)Subject to the provisions of this Act and to the previous approval of the State Government, the President of the Tribunal may make regulations for regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee, provisions for recovery thereof in the form of court-fee stamps, the right of appearance before the Tribunal, the place or places of its sitting, the disposal by the Tribunal of any proceedings before it notwithstanding that in the course thereof there has been a change in the person sitting as member of the Tribunal and generally, for the effective exercise of its powers and discharge of its functions under this Act.(4)The regulations made under this section shall be published in the Official Gazette.
