Chapter VII OFFENCES AND PENALTIES

37. Whoever voluntarily and without proper authority-

1. (i) damages, alters, enlarges or obstructs any canal;
2. (ii) interferes with, or increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal, or by any means raises or lowers the level of the water in any canal;
3. (iii) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;
4. (v) destroys, defaces or moves any land or level mark or water gauge fixed by the authority of a public servant;
5. (v) destroys, tampers with, or removes any apparatus or part of any apparatus, for controlling, regulating or measuring the flow of water in any canal;
6. (vi) passes or causes animals or vehicles to pass, in or across any of the works, banks or channels of a canal contrary to the rules made under this Act, after he has been desired to desist therefrom;
7. (vii) causes or knowingly and wilfully permits cattle to graze upon any canal or flood-embankment, or tethers or causes or knowingly and wilfully permits cattle to be tethered, upon any such canal or embankment, or roots up any grass or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures, or causes to be removed, cut or otherwise injures any tree, bush, grass or hedge intended for the protection of such canal or embankment;
8. (viii) neglects, without reasonable cause to assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do;
9. (ix) violates any rule made under this Act for breach thereof; shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code, 1860 on conviction before a Magistrate, be punished for each of such offences with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both.

38. Whoever without proper authority-

1. (i) pierces or cuts through or attempts to pierce or cut through or otherwise damage, destroy or endanger the stability of any canal;
2. (ii) opens, shuts or obstructs or attempts to open, shut or obstruct any sluice in any canal;
3. (iii) makes any dam or obstruction for the purpose of diverting or opposing the current of a river or canal on the bank whereof there is a flood embankment or refuses or neglects to remove any such dam or obstruction when lawfully required so to do, shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code, 1860 on conviction before a Magistrate of the First Class, be punished for each of such offences with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

39. Whenever any person is convicted under section 37 or 38, the 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. If such person neglects or refuses to obey such order within the period so fixed, the canal-officer duly empowered in this behalf may remove such obstruction or repair such damage and the cost of such removal or repair, as certified by the said officer, shall be leviable from such person by the Collector, as an arrear of land revenue.

40. Any person in-charge of or employed upon any canal may remove from the lands or buildings belonging thereto, or may take into custody without a warrant and take forthwith before a magistrate or to the nearest police-station, to be dealt with according to law, any person who within his view,

1. (i) wilfully damages, obstructs or fouls any canal, or
2. (ii) 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 endanger, damage, make dangerous or render less useful any canal.

41. Nothing herein contained shall prevent any person from being prosecuted under any other law for any act or omission made punishable by this Act:

Payment of fine as award to informant. 42.

1. (1) Whenever any person is fined for an offence under this Act, the Court which imposes such fine, or which confirms in appeal or revision a penalty of such fine, or a sentence of which such fine forms part, may direct that the whole or any part of such fine may be paid by way of award to any person who furnished information leading to the detection of such offence or to the conviction of the offender.
2. (2) If such fine is awarded by a Court whose decision is subject to appeal or revision, the amount awarded shall not be paid until the period prescribed for presentation of the appeal has lapsed, or if an appeal be presented till the appeal is decided.