Chapter V OFFENCES AND PENALTIES

Whoever, without any lawful authority, does any of the following acts, namely:-

1. (a) damages, alters, enlarges, or obstructs any irrigation system; or
2. (b) interferes with, increases, or diminishes the water supply in, or the flow of water from, through, over or under any irrigation system; or
3. (c) being responsible for the maintenance of the irrigation system, neglects to take proper precautions for the prevention of wastage of the water there-from or interferes with the authorised distribution of water there-from or uses water in an unauthorised manner, or in such manner as to cause damage to the adjacent land; or
4. (d) corrupts or fouls, water of any irrigation system so as to render it less fit for the purposes for which it is ordinarily used; or
5. (e) obstructs or removes any level marks or water gauge or any other mark or sign fixed by the authority of a public servant; or
6. (f) violates the Rotational Water Supply and water distribution and regulation made by the Water Users Association or Distributory Committee or the Project Committee; shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees, or with both.

No court shall take cognizance of an offence under this Act, except on complaint made by the competent authority or the President or Chairman, as the case may be, of the managing committee of any farmers organisation.

Nothing contained 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 or omission made punishable by or under this Act: Provided that no person shall be prosecuted and punished for the same offence more than once:

1. (1) Any offence punishable under section 32 may, either before or after making the complaint under section 33, be compounded by the competent authority or the President or the Chairman, as the case may be, of the managing committee of a farmers organisation, on payment, for credit to the Government, of such sum as the competent authority or the Chairman or the President, as the case may be, specify: Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.
2. (2) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender, in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith.
3. (3) No offence punishable under this Act shall be compounded except as provided by this section.