73. Notification of Second-class Irrigation works.
(1)The [the [State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may publish a notification in the [Official Gazette] [These words were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.]-(a)declaring that it is proposed to constitute any canal, [channel, watercourse] [These words were substituted for the word 'channel' by Gujarat 6 of 1984, section 9(i).] stream, river, [well, tubewell, artesian well] [These words were inserted by Bombay 29 of 1950, section 7.], pipe, or reservoir, natural or artificial [or bandhara] [These words were inserted by Bombay 29 of 1951, section 7(1).] or any part thereof, whether constructed, maintained or controlled by [the [State] [These words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] or not, which is actually used or required for the purposes of irrigation, a Second-class Irrigation Works;(b)fixing a period of not less than four months from the date of publication of such notification in the [Official Gazette] [These words were substituted for the words `Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] for the submission of objections to such proposal];Provided that no artificial reservoir or [field-channel] [These words were substituted for the words 'water-course' by Gujarat 6 of 1984, section 8.] supplied from such reservoir which is actually used for the purposes of irrigation by a single irrigation shall be included in such notification except either with the consent of such irrigator of, if in the opinion of [the [State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] such inclusion is necessary in the public interests, then without such consent but subject to the payment, after the issue of the declaration mentioned in sub-section (3), to such irrigator of such compensation for his rights as may be settled in accordance with the provisions of section 79.(2)After the publication of such notification in the [Official Gazette] [These words were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] it shall also be published by the Collector as soon as practicable in the language of the district at the Mamlatdar's Office of the taluka in which the work is situated and in every town and village which 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 [the [State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may, by notification in the [Official Gazette] [[These words were substituted for the words `Bombay Government Gazette' by the Adaptation ofIndian Laws Order in Council.]], declare such canal, [channel, water-course] [These words were substituted for the words 'channel' by Gujarat 6 of 1984, section 9(2).] stream, river, [well, tubewell, artesian well,] [These words were inserted by Bombay 59 of 1950, section 7.] pipe [reservoir or bandhara] [These words were substituted for the words 'or reservoir' by Bombay 29 of 1951, section 7(2).] or any part thereof to be a Second-class Irrigation Work.
