The Maharashtra Management of Irrigation Systems by Farmers Act, 2005
Chapter VI OFFENCES AND PENALTIES
Infrastructure200581 sections8 chapters
Chapter VI OFFENCES AND PENALTIES
60. Offences and penalties.
Statutory text
- (1) Any person who without any lawful cause, sanction or authority commits any of the acts specified in sub-section (2) within the area of operation of Water Users’ Association shall be deemed to have committed an offence under this Act and shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may be upto ten times the annual water charges or with both.
- (2) The acts referred to in sub-section (1) are as follows:-
- (a) damages, alters or obstructs canal system;
- (b) interferes with the flow and water level in canal system;
- (c) pollutes or fouls the canal water, so as to diminish its utility for the given purposes or so as to render it less fit for the given purpose;
- (d) destroys, tampers with, or removes any apparatus or part of any apparatus meant for operation and maintenance of canal system;
- (e) obstructs the implementation of scheduled irrigation;
- (f) uses water in unauthorised or wasteful manner;
- (g) lifts water in an unauthorised manner;
- (h) endangers the stability of canal system;
- (i) obstructs the flow in the drainage system;
- (j) neglects the maintenance of canal system;
- (k) prevents the lawful use of canal system by any person authorised to use the same;
- (l) does not pay the water charges in time;
- (m) contravenes any of the provisions of this Act or rules made thereunder.
Chapter VI OFFENCES AND PENALTIES
61. Compounding of offences.
Statutory text
- (1) The Appropriate Authority may either before or after the institution of the proceedings for any offence punishable under this Act or the rules made thereunder, accept from any person charged with such offence, by way of composition thereof, a sum of money not exceeding one thousand rupees within such time as the Appropriate Authority may determine.
- (2) On payment by such person of such sum as composition amount, such person, if in custody, shall be released from the custody and if any proceedings in any Criminal Court have been instituted against such person in respect of an offence under this Act, the composition shall be deemed to be an acquittal and no further criminal proceedings shall be taken against such person in respect of such offence.
Chapter VI OFFENCES AND PENALTIES
62. Punishment under other law not barred.
Statutory text
Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act of omission or commission made punishable by or under this Act: Provided that, no person shall be prosecuted and punished for the same offence more than once.
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