section 156
Offence relating to irrigation or hydraulic works.
The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010General2010202 sections
Statutory text
- (1) Whoever––
- (a) obstructs or encroaches upon any irrigation or hydraulic work ;
- (b) damages, alters, injures any irrigation or hydraulic work ;
- (c) interferes with, increases or decreases the level of, supply of water in or the flow of water from any irrigation or hydraulic work ;
- (d) interferes with, or alters the flow, of water in any water source so as to endanger, damage or render less useful any irrigation or hydraulic work ;
- (e) obstructs tapping source of water ;
- (f) disposes off house sewage or other house hold waste into any water source ;
- (g) lifts water from any water source for use in a brick kiln or any other commercial use except under a proper authorisation, permit or licence granted by the competent authority ;
- (h) damages or alters the position of moga (water outlet) fixed by the Department which may adversely affect irrigation water supply in the adjoining area ;
- (i) opens, shuts, or obstructs or attempts to open, shut or obstruct, any sluice or outlet or any other similar contrivance in any irrigation or hydraulic work ;
- (j) uses water from an irrigation work without obtaining the permission required under the Act ;
- (k) contravenes the provisions of section 71 or section 72 or section 81 or any other provision of the Act or the rules made thereunder ;
- (l) destroys or removes any level mark or water gauge fixed by the department or any of its officers ;
- (m) being responsible for the maintenance of a water channel or field channel, or using a water channel or field channel, neglects to take proper precautions for the prevention of waste of water thereof, or interferes with the authorized distribution of water therefrom, or uses such water in an unauthorized manner ;
- (n) 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 so ;
- (o) causes any vessel to enter on any water source or any irrigation work contrary to the provisions of the Act or the rules ;
- (p) neglects to take proper precautions, while navigating on any irrigation work, for the safety of the irrigation work and of vessels thereon ;
- (q) allows cattle to graze or be gathered on the irrigation work or to pass any animal or vehicle on any irrigation work ;
- (r) grows or allow to grow any crop in contravention of a notification under section 62 ;
- (s) illegally and unauthorisedly extracts bed material from any water course or fails to remove the extracted material with in time frame allowed for such removal ; shall be liable, on conviction––
- (i) for offences mentioned in clauses (a) to (l), to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to rupees ten thousand, or with both ; and
- (ii) for offences mentioned in clauses (m) to (s) to be punished with imprisonment for a term which may extend to two months, or with fine which may extend to rupees five thousands but shall not be less than rupees two thousands, or with both.
- (2) A person convicted for an offence under sub-section (1) shall, in case of a continuing offence, be liable to a further fine of rupees one thousand for each day of continuance of such offence.
- (3) A person convicted for offences mentioned in clauses (a) to (l) of sub-section (1) shall in addition to imprisonment and fine be liable to repair the damage etc.
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