Section 97 in The Maharashtra Irrigation Act, 1976
97. Procedure in respect of machine, apparatus with which canal water is used in an unauthorised manner.
(1)Notwithstanding anything contained in the foregoing provision of this Part, where a Canal Officer duly empowered in this behalf is of opinion that water in any canal is being used in an unauthorised manner, the Canal Officer may, with a view to preventing such use, direct any person to desist immediately on the issue of such direction from using water on such canal in an unauthorised manner. On his failure to comply with the direction, notwithstanding anything contained in this Act or in any law for the time being in force or in any agreement for the supply of water or electricity, it shall be lawful for the Canal Officer, with the assistance of the police and the licensee or other authority supplying electricity, by order to direct the seizure and removal of the machine, contrivance, equipment or any other apparatus whatsoever, with which water was or is being lifted or used in an unauthorised manner from such canal or the discontinuance or reduction of the supply of electricity to the consumer by the licensee or other authority for such period as may be specified in the order and such period shall not be beyond the 30th day of June next following the order. Any machine, contrivance, equipment or apparatus so seized shall be kept in safe custody, till the period specified by the Canal Officer in his order. It shall be obligatory on the licensee or other authority to comply forthwith with any direction issued by the Canal Officer under this sub-section. The machine, contrivance, equipment or apparatus removed as aforesaid shall be restored to the person from whose custody it was removed after the expiry of the period specified in the order:Provided that if the Canal Officer is of opinion that water in any canal is being persistently used by any person in an unauthorised manner, the Canal Officer may, after giving such person a reasonable opportunity of being heard, direct that the machine, contrivance, equipment or apparatus removed as aforesaid be forfeited to the Appropriate Authority.(2)Any person aggrieved by the order of the Canal Officer under sub-section (1) may, within 15 days of the date of receipt of such order by him, appeal to the Appropriate Authority, and that Authority may, with the least possible delay, pass such order as it may deem fit in the circumstances of the case. The decision of the Appropriate Authority in appeal and subject thereto, the decision of the Canal Officer shall be final.
