Chapter IX PENALTIES AND PROCEDURE

55. Offences under the Act. Whoever voluntarily and without proper authority,- (i) damages, alters, enlarges or obstructs any irrigation work ; (ii) interferes with, increases, or diminishes the supply of water in, or the flow of water from, through, over, or under any irrigation work or by any means raises or lowers the level of the water in any irrigation work; (iii) opens, shuts or obstructs or attempts to open, shut or obstruct any sluice or outlet or any other similar contrivance in any irrigation work; (iv) corrupts or fouls the water of any irrigation work so as to render it less fit for the purpose for which it is ordinarily used; (v) destroys, defaces or moves any land-mark or level-mark or water-guage fixed by the authority of a public servant; (vi) destroys, tampers with, or removes any apparatus, or part of any apparatus, for controlling, regulating or measuring the flow of water in any irrigation work; (vii) causes any animal or vehicle to pass on or across any of the works, banks, canals or channels of an irrigation work contrary to rules made under section 71 after he has been required to desist therefrom; (viii) causes or permits any animal to graze or be tethered upon the bank of any irrigation work; (ix) removes or injures any tree, bush, grass or other vegetation intended for the protection of any irrigation work; (x) puts up a dam across or otherwise obstructs the free course of water the right to which vests in the Government; (xi) being responsible for the maintenance of the field channel or using the 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; (xiii) contravenes any provisions of this Act; (xiv) contravenes any rule made under section 71, the contravention whereof is declared in the rules made under that section to be an offence punishable under this section, shall, on conviction, be punished for offences under clauses (vi), (x), (xi) with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both and for offences under any other clause with imprisonment for a term which may extend to two months, or with fine which may extend to five hundred rupees or with both: Provided that for a second or subsequent offence under clauses (vii) and (viii) such fine shall not be less than fifty rupees and under the other clauses such fine shall not be less than two hundred and fifty rupees: Provided further that in the case of a continuing offence a daily fine not exceeding fifty rupees during the period of the continuance of the offence shall also be imposed.

When any person is convicted of an offence under section 55, the Magistrate may order that the said person shall remove the obstruction or repair the damage or replace or repair the land mark, level mark, water-gauge or apparatus in respect of which the conviction has taken place 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 Irrigation Officer may carry out the work in accordance with such order and the cost thereof shall be recoverable from such person as an arrear of land revenue.

57. Abetment. Whoever abets any offence punishable under this Act, or attempts to commit any such offence shall be punished with the punishment provided in this Act for such offence.

58. Punishment for vexatious exercise of power. (1) If any officer or other person duly empowered to take action under this Act, exercises without reasonable cause for the purpose of vexation or with malicious intention any power under this Act, he shall, on conviction, be punished with imprisonment which may exted to six months or with fine which may extend to one thousand rupees or with both. (2) No prosecution under sub-section (1) shall be entertained except on a complaint by an officer authorised by the State Government in that behalf.

59. Punishment under other laws not barred. Nothing contained in this Act shall prevent any person from being prosecuted under any other law for the time being in force for any act or omission made punishable by this Act.

All offences under this Act except offences under clauses (vii) and (viii) of section 55, shall be cognizable.

60A. Compounding of offences. (1) Subject to such restrictions and conditions and in such manner as may be prescribed, Irrigation Officer may either before or after initiation of any proceeding for an offence punishable under this Act or the rules made thereunder accept a sum of money not exceeding five thousand rupees by way of composition of an offence which such person has committed or is suspected to have committed. (2) On payment of such money, such person if in custody, shall be discharged, property, if any, sized shall be relased and no further proceeding shall be taken against such person or property.

61. Power to remove obstruction or damage to work. Any person in charge of or employed upon any irrigation work, may remove from the land or buildings belonging thereto, or may take into custody without a warrant, and without unnecessary delay make over to a police officer or in the absence of a police officer take or cause to be taken in custody to the nearest police station, any person who within his view- (a) wilfully damages, alters, enlarges or obstructs any irrigation work; (b) without proper authority interferes with the supply or flow of water, in or from any irrigation work so as to endanger, damage or render less useful such irrigation work.

62. Payment of fine as reward to informant. 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 sentence of such fine, or a sentence of which such fine forms a part, may direct that the whole or any part of such fine may be paid by way of reward to any person who gave information leading to the detection of such offence or to the conviction of the offender. If the fine is ordered to be paid as a reward by a court whose decision is subject to appeal or revision, the amount ordered to be so paid, shall not be paid until the period prescribed for presentation of the appeal has elapsed, or if an appeal is preferred till after decision of the appeal.

Water Users Society shall perform the following functions, namely:- (1) to develop irrigation infrastructure by availing institutional finance; (2) to procure water in bulk on volumetric basis from the Irrigation Department or Krishna Jala Bhagya Nigama or Karnataka Neeravari Nigam or Cauvery Neeravari Nigam Limited or any other body or Corporation established by the State Government for this purpose and distribute it to the land holders in accordance with the principles laid down by the General Body for equitable distribution of water; (3) to operate and maintain canals situated within its jurisdiction; (4) to levy and collect water charges and service charges from the land holders; (5) to educate and train land holders in the efficient and economical use of water and adoption of new technology as well as to implement necessary programmes; (6) to prepare water budget and financial budget for each irrigation season; (7) to resolve disputes that may arise among land holders; (8) to mobilise financial resources for undertaking activities and efficient management of the society; (9) to implement or execute on farm development works; (10) to assist the Irrigation Department and Command Area Development Authority in implementing irrigation and drainage works; (11) to levy water charges and service charges on non-members at rates approved by the General Body of the Society; (12) to send annually to the prescribed authority on or before the prescribed date, an audit statement of all receipts and expenditure for the year ending; (13) to send a statement of a the assets and liabilities of the society on or before such date and to such authority as may be prescribed; (14) the General Body of the Society shall prepare guidelines and decide the procedures for its day to day functioning, in conformity with the bye-laws of the society and conditions of the agreement to be entered into with the Executive Engineer concerned; (15) the Society shall furnish such information as may be prescribed to the prescribed authority; (16) to encourage avenue plantation in its area of operation; (17) to do such other acts as may be prescribed.

Save as otherwise provided in this Act, the provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

62F. Power to exempt certain projects. The State Government having regard to the size and nature of any irrigation project or works, may, by notification, exempt such project or works from the application of the provisions relating to Water Users Distributary Level Federation or Water Users Project Level Federation.