Chapter XIII OFFENCES AND PENALTIES

Whoever voluntarily and without proper authority, does any of the following acts:-

1. (a) damages, alters, enlarges or obstructs; or encroaches upon any Irrigation work;
2. (b) interferes with, increases; or diminishes the supply of water from, through, over or under, any Irrigation work, or by any means raises or lowers the level of the water in any such work;
3. (c) interferes with or alter; the flow of water in any river, or stream, so as to endanger, damage or render less useful any irrigation work;
4. (d) being responsible for the maintenance of a village channel, or using it, neglects to take proper cautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner, or refuses to allow the use of the channel to others;
5. (e) corrupts or fouls the water of any canal so as to render it less fit for the purpose for which it is ordinarily used;
6. (f) destroys, defaces or moves any level mark or water gauge fixed by the authority of a public servants;
7. (g) destroys or removes any apparatus, or part of any apparatus for controlling or regulating the flow of water in any irrigation work;
8. (h) causes vehicles of any type to pass in or across any of the work, banks or channel of a canal through other than the specified places, contrary to the rule, made under this Act;
   • (i) without the permission of the Canal Officer knowingly or willingly roots up grass or other vegetation growing on any such embankment or removes, cuts or any way injures any trees, bushes, grass or hedges intended for the protection of such embankments;
9. (j) causes any vessel to enter or navigate on any irrigation work contrary to the rules prescribed by the State Government;
10. (k) while navigating on any irrigation work neglects to take proper precaution for the safety of the irrigation work and of vessel thereon;
11. (l) neglects, without reasonable cause, to carry out duties in connection with the execution of any repair or work, when lawfully bound to do;
12. (m) grows or allows to grow any crop in contravention of a notification under the provision of the Act;
13. (n) uses water from an irrigation work without obtaining the permission;
14. (o) wilfully obstructs any person duly authorised under this Act, in removing and levelling any embankment, houses, hut or other building, or in lawful exercises of any power in this Act; ဈဓ
15. (p) violates any rule made under the Act, for breach whereof a penalty may be incurred;
16. (q) erects or causes or wilful permits to be erected any new embankment, or adds to any existing embankment without previous permission of the Collector;
17. (r) wilfully causes or aids in causing any obstruction to any line of navigation or damages the works of such line of navigation: shall on conviction, be liable to fine not exceeding five hundred rupees, or to imprisonment for a term not exceeding six months or to both: Provided that in conviction for neglect of duty under Section 91, shall be liable to fine not exceeding five hundred rupees or to imprisonment for a term not exceeding one month or to both.

Whoever, without the authority of the Canal Officer -

1. (a) pierces or cuts through, or attempts to pierce or cut through, or otherwise to damage, destroy or endanger the stability of, any flood embankments;
2. (b) opens, shuts or obstructs or attempts to open, shut or obstruct, any sluice in any such embankments;
3. (c) makes any dam or other obstruction for the purpose of diverting or opposing the current of a river on the banks whereof are floods embankment, or refuses or neglects to remove any such dam or obstruction when so required by a Canal Officer; shall, on conviction be liable to a fine not exceeding two thousand rupees or to imprisonment for a term not exceeding one year.

1. (1) Whenever any person is convicted on an offence under either of the last two preceding sections, the convicting Magistrate may order that he shall remove the obstruction or repair the damage in respect of which the conviction is held within a period to be fixed in such order.
2. (2) If such person neglects or refused to obey such order within the fixed period, the Canal Officer may remove such obstruction, or repair such damage and the cost of such removal or repair shall be levied from such person by the Collector under the procedure provided by the Bihar and Orissa Public Demands Recovery Act, 1914(B & 0 Act 4 of 1914) for the recovery of public demand. ဉင

Any person in charge of or employed upon, any canal may remove from the lands or building belonging thereto or may take into custody without a warrant and take forth with before a Magistrate or to the nearest police station, to be dealt with according to law, any person who within his view commits any of the following offences:-

1. (a) willfully damages or obstructs any canal;
2. (b) without proper authority interferes with the supply or flow of water in or from any canal or in any river or stream, so as to make any canal dangerous or render the same less useful.

Whenever any person is fined for an offence under this Act, the Court may direct that the whole or any part of such fine may be paid by way of compensation to any person injured by such offence, or to any person who gave information leading to the detection of such offence, or to the conviction of the offender.

Nothing herein contained shall prevent any person from being prosecuted under any other law for the time being enforce for any offence punishable under this Act.

Notwithstanding anything contained in the code of Criminal Procedure, 1973 all offences punishable under this Act shall be cognisable and bailable.

1. (1) If the person committing and offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or ဉစ connivance of, or that the commission of the offence, is attributable to any neglect on the part of any director, manager, secretary, or other officers of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation For the purpose of this section
   • (a) "Company" means a body corporate and included a firm or other association of individuals and
   • (b) "director" in relation to a firm means a partner in the firm.

Any Canal Officer duly empowered under this Act, may accept before the institution of a prosecution under this Act, from any person, against whom a reasonable belief exist that he has committed an offence punishable under this Act or the rules made thereunder a sum of money as may be prescribed but not exceeding two thousand rupees, by way of compensation for such offence.

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