Chapter VII OFFE CES A D PE ALTIES

Whoever voluntarily and without proper authority— (a) damages, alters, enlarges or obstructs entrusted minor canal; (b) interferes with or increases or diminishes the supply of water in, or the flow of water from, through, over or under any entrusted minor canal, or, by any means, raises or lowers the level of the water in such canal; (c) pollutes or fouls the water of entrusted minor canal so as to render it less fit for the purposes for which it is ordinarily used; (d) destroys, defaces or removes any land or level mark or water gauge fixed by the authority of a public servant; (e) destroys, tampers with, or removes any apparatus or part of any apparatus for controlling, regulating or measuring the flow of water in an entrusted minor canal; (f) passes or causes animals or vehicles to pass, in or across any of the works banks or channels of an entrusted minor canal contrary to regulations made under section 59; (g) causes or knowingly and wilfully permits cattle to graze upon any entrusted minor canal or flood embankment, or tethers or causes or knowingly and wilfully permits cattle to be tethered, upon any such entrusted minor canal or embankment, or roots up any grass or other vegetation growing on any such entrusted minor canal or embankment, or removes, cuts or in any way injures, or causes to be removed, cut or otherwise injured, any tree, bush, grass or hedge intended for the protection of such entrusted minor canal or embankment; (h) violates any rule made under section 58 for breach whereof, the State Government may, in such rules, direct that a penalty shall be incurred;

and whoever— (i) being responsible for the maintenance of a field channel, or using a field channel, neglects to take proper precautions 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;

shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code, on conviction, be punished in the case of a first offence with fine which may extend to two thousand rupees, and in the case of a second and subsequent offence, with fine which may extend to five thousand rupees:

Whoever, without proper authority,— (a) pierces or cuts through or attempts to pierce or cut through or otherwise to damage, destroy or endanger the stability of any entrusted minor canal; (b) opens, shuts or obstructs, or attempts to open, shut or obstruct any sluice in any entrusted minor canal; (c) makes any dam or obstruction for the purpose of diverting or opposing the current of a river or an entrusted minor canal on the bank whereby 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, on conviction, be punished in the case of a first offence with fine which may extend to two thousand rupees, and, in the case of a second and subsequent offence with fine which may extend to five thousand rupees.

Whenever any person is convicted under either section 40 or 41, the convicting Magistrate may order that he shall remove the obstruction or repair the damage in respect of which he is convicted 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 Competent Authority may remove such obstruction or repair such damage and the cost of such removal or repair, as certified by the said Competent Authority, shall be leviable from such person by the Collector as an arrear of land revenue.

(1) Where an offence under this Act has been committed by a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company 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 provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (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 connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer 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 prosecuted against and punished accordingly. Explanation.—For the purpose of this section,— (a) "company" means a body corporate and includes a firm or other association of individuals and (b) "director in relation to firm" means a partner in the firm.

Any person in charge of, or employed upon, any entrusted minor 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— (a) wilfully damages, obstructs or fouls any entrusted minor canal; or (b) without proper authority interferes with the supply or flow of water, in or from any entrusted minor canal, or in any river, or stream so as to endanger, damage or render less useful any entrusted minor canal.

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

(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 sentence 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 gave information leading to the detection of such offence or to the conviction of the offender. (2) Where the fine be 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 elapsed or, if an appeal be presented till after the decision of the appeal.

No court shall take cognizance of an offence punishable under this Act except on s complaint made by the Competent Authority or the President of the Association or the Chairperson of the Committee.

(1) The Association may, either before or after the institution of proceedings for any offence punishable under this Chapter, accept from any person charged with such offence, by way of composition of offence such sum not exceeding five thousand rupees as may be determined by it. (2) On payment of such sum as may be determined by the Association under sub-section (1), no further proceedings shall be taken against the accused person in respect of the same offence and any proceedings, if already taken, shall stand abated.

Explanation.—For the purposes of this Chapter, the expression "entrusted minor canal" shall have the meaning assigned to it by clause (b) of section 10 and shall include a water course and a field channel into which the water of the entrusted minor canal flows.