91. Application of certain provisions of the Act to Panchayat Irrigation Works.
- Where any canal, [channel, water-course, stream, river, well, tube-well, artesian well, pipe or reservoir, natural or artificial, or bandhara or any part thereof is constructed, maintained or controlled by a taluka panchayat in the exercise of its functions in the sphere of agriculture and irrigation as described in Schedule II to the Gujarat Panchayat Act, 1961 (Gujarat VI of 1962), or by a district panchayat in the exercise of its functions in the sphere of minor irrigation projects as described in Schedule III to the said Act, the same shall be treated as a Panchayat Irrigation Work and such a Panchayat Irrigation Work shall be deemed to be a canal within the meaning of sub-section (1) of section 3 and to such work all the provisions of this Act shall, so far as may be, apply, subject to the following modifications, namely:-(1)References to State Government in sections 11, 15, 25, sub-section (2) of section 25A and clause (a) of sub-section (4) of section 57 shall be construed as references to district panchayat;(2)References to Collector except in sub-section (5) of section 3, sections 18, and 19, clause (c) of sub-section (5) of section 20A, and section 20B shall be construed as references to District Development Officer;(3)References to the Canal-officer, shall be construed as references to the Officer authorized for the purpose by the controlling panchayat;(4)In sub-section (1) of section 73, for the words "Mamlatdar's Office" the words "Office of the Taluka Development Officer" shall be substituted;(5)In section 87, for the words "Patel" and "Mamlatdar" the words "gram panchayat" and "district panchayat" shall respectively be substituted.Explanation. - For the purposes of this section "controlling panchayat" in relation to a Panchayat Irrigation Work constructed, maintained or controlled by a taluka panchayat shall mean, the taluka panchayat and in relation to a Panchayat Irrigation Work constructed, maintained or controlled by a district panchayat shall mean, the district panchayat.] [These words were substituted for the word 'channel' by Gujarat 6 of 1984, section 11.][Part XII] [This Part and Schedule were inserted by Presi. Act No. 45 of 1976, section 2.] Special Provisions Regulating the Construction and Maintenance of Tubewells, Artesian Wells and Borewells
