section 51
Liability when the person using water unauthorisedly cannot be found or when water runs waste
The Jammu and Kashmir Irrigation Act, 1978(1) If water supplied through any irrigation work is used in an unauthorised manner and if the person by whose act or neglect such use has occurred cannot be found after such enquiry as the Zilladar may deem sufficient the Zilladar after giving not less than 15 days notice to the owners, occupiers and beneficiaries of all lands benefited thereby and after hearing their representations, if any, make an order for the recovery of such charges as may be specified by the Government not exceeding thirty times the water rates for such use from such owners and occupiers in such proportion as he may find just, in addition to any penalty he may incur under the Act for such unauthorised use. (2) If water supplied through a water course and field channel be suffered to run to waste, and if, after enquiry, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, the person or all the persons chargeable in respect of the water supplied through such water course or field channel shall in addition to any penalty he incurs under the Act for such waste of water, be liable or jointly liable as the case may be for the charges, not exceeding ten times the water rates as may be specified by the Government. (3) All questions arising under this section shall be decided by the Zilladar and any person aggrieved by the decision of Zilladar may prefer an appeal to the Canal Officer within twenty days of the decision. (4) The decision made by the Zilladar under this section subject to any order passed by Canal Officer on appeal from such decision, if any, shall be final. (5) All charges for the unauthorised use or waste of water may be recovered, as water rates, in addition to any penalties incurred on account of such use or waste.
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