Section 47 in The Maharashtra Irrigation Act, 1976
47. Power of Appropriate Authority to regulate sowing, planting or growing of crops during specified period on lands under irrigable command of canal.
(1)Where the Appropriate Authority is satisfied that, for the better cultivation of lands, and production of crops and due preservation and proper utilisation of water resources of any canal, it is expedient in the public interest to regulate the kind of crops that should be sown, planted or grown on lands under the irrigable command of a canal or any part thereof (not being lands irrigated on wells within such irrigable command), and the period during which such crops should be sown, planted or grown on such lands, the Appropriate Authority may, having regard to the soil characteristics, climate, rainfall and water available, by order in writing, make a declaration to that effect. Such order shall be given wide publicity in such manner as the Appropriate Authority may think fit.(2)On making such declaration, the Canal Officer, with the previous approval of the superior officer authorised by the Appropriate Authority, may specify by notice published in such manner as may be determined by him, the kind of crops that shall be sown, planted or grown on the lands under the irrigable command of the canal or any part thereof, specified in such notice, and the period or periods during which such crops shall be sown, planted and grown. The Canal Officer shall, subject to the provisions of section 50 and of sub-section (3) of this section, thereupon by order regulate the supply of water from the canal for sowing, planting and growing such crops during the period or periods specified in the order.(3)The State Government may, in consultation with the Company, and the Zilla Parishads concerned, by notification in the Official Gazette, make rules for determining the crops, and the period or periods during which such crops may be sown, planted and grown and for regulating supply of water for the purpose. Such rules may provide for fixing the extent of irrigation and for sowing, planting or growing different crops on the land under the irrigable command of a canal and the factors which may be considered for fixing such extent, for giving publicity to such scheme and for inviting objections and suggestions including provision for calling a meeting of the persons affected by the scheme, and all matters incidental or supplemental as may be necessary for giving effect to the provisions of this section.(4)On the publication of the notice under sub-section (2) of this section, no person shall sow, plant or grow or allow any crop (other than the crop or crops specified in such notice) to be sown, planted or grown on any land under the irrigable command of the canal or any part thereof, specified in such notice and during the period specified therein.(5)Any person aggrieved by any notice given under sub-section (2) of this section may, within thirty days from the date of publication of such notice, file an appeal before such officer not below the rank of Superintending Engineer (or such officer of the Company or Zilla Parishad declared to be of equivalent rank) as the Appropriate Authority may appoint. The appellate officer may on hearing the parties pass such order as he thinks fit and thereupon, the notice shall stand unmodified or modified to such extent as may be specified in the order.
