Power to make rules

Section 97 of the Goa Irrigation Act, 1973 deals with power to make rules. The Government may, after previous publication by notification, make rules for the purpose of carrying out the provisions of this Act, and such rules may be general for all canals or may be special for one or more canal, as may be specified in such rules.

(1) The Government may, after previous publication by notification, make rules for the purpose of carrying out the provisions of this Act, and such rules may be general for all canals or may be special for one or more canal, as may be specified in such rules.

(2) Without prejudice to the generality of the foregoing power, such rules may be made in respect of the following matters, namely,- (a) the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter;

(b) the amount of and charges to be made under this Act;

(c) the economic use of water supplied from any canal;

(d) the manner in which and the officer by whom complaints as to the inadequacy of means of crossing shall be investigated under section 10;

(e) regulating the period of opening and closing the channels distributaries and sub-distributaries of canal;

(f) the other manner in which the scheme shall be published under section 40;

(g) the date or payment of the rate of interest on and the period which the instalments of betterment charges shall be paid under section 47;

(h) the suspension or remission of betterment charges, the instalments thereof and the interest thereon;

(i) the conditions subject to which the relinquishment or exchange of lands shall be permitted under section 48;

(j) the division into zones of lands under the irrigable command of a canal for the purpose of the betterment charges leviable on such lands;

(k) and generally to carry out the provisions of this Act.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu while it is in session for a total period of 30 days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly agrees in making any modification in any such rule or the Assembly agrees that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Section 97, The Goa Irrigation Act, 1973 (Act 18 of 1973).