section 82
Offence under the Act
The Jammu and Kashmir Irrigation Act, 1978Whoever voluntarily or without proper authority— (i) damages, alters, enlarges, obstructs or encroaches upon any irrigation work; (ii) interferes with increase or decreases the level and supply of water in or the flow of water from through, over or under, any irrigation work; (iii) interferes with or alters the flow of water in any river or stream so as to endanger, damage or render less useful any irrigation work; (iv) being responsible for the maintenance of a water course or field channel, or using a water course or field channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of water therefrom, or uses such water in an unauthorised manner; (v) causes any vessel to enter or navigate on any irrigation work contrary to the rules for the time being prescribed by the Government; (vi) while navigating on any irrigation work, neglects to take proper precautions for the safety of the irrigation work and of vessels thereon; (vii) neglects, without reasonable cause, to carry out or to continue to carry out duties in connection with the execution of any repair or work, when lawfully bound to do under section 58; (viii) destroys or moves any level-mark or water-gauge fixed by the authority of a public servant; (ix) opens, shuts, or obstructs of attempts to open, shut or obstruct, any sluice or outlet or any other similar contrivance in any irrigation work; (x) allows cattle to graze or to be tethered on the irrigation work or pass any animal or vehicles on any irrigation work; (xi) grows or allow to grow any crop in contravention of a notification under sub-section (2) of section 42; (xii) uses water from an irrigation work without obtaining the permission required under sub-section (5) of section 38: (xiii) contravenes any of the provisions of the Act or of any rules made thereunder; shall be liable on conviction before a Judicial Magistrate for offences mentioned in clauses (i) to (viii) and (xii) to a fine not exceeding one thousand rupees or to imprisonment not exceeding one year or with both and for offences mentioned in clauses (vii), (ix) to (xi) and (xiii) to a fine not exceeding five hundred rupees but not less than fifty rupees or with imprisonment not exceeding two months, or with both: Provided that in case of a continuing offence a daily fine of not less than fifty rupees during the period of continuance of the offence shall also be imposed.
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