Guest Article by: Pradeep Purandare
A PIL (152 / 2014) has been filed by this author before the Aurangabad bench of Mumbai High Court way back in 2014. Maharashtra Irrigation Act, 1976 (MIA 1976) is not being implemented in letter & spirit, thanks to the absence of Rules of MIA 1976. It is needless to add that Act/Law states the general principles and Rules give the necessary details required for the actual implementation of the Act. For example, Act only says that Water Use Rights may be given to all farmers in the command area as prescribed. Rules of the Act, however, give the details to answer the usual questions like How? How much? When? Where? To whom? Application / Agreement required? Applicable terms & conditions? etc. Rules reduce the scope for discretion and chances to interpret the Act in different manner by different individuals at different times & places. Rules facilitate smooth & uniform implementation of the Act.
Continue reading “Maharashtra Irrigation Act 1976 exists for 49 years without Rules!”