[Act No.XXIV of 1357 F.

] 13

established course of irrigation or drainage is immediately

executed, serious public loss with occur; and that the labour
necessary for the proper execution of such repair, clearance
or other work cannot be obtained in the ordinary manner
within the time necessary for execution of the same so as to
prevent such loss, it shall be lawful for the said officer to
require the Patel or Patels of the village or villages in the
vicinity, to call upon all or any of able bodied male persons
who reside or occupy any land in or near the place where
such work, repair or clearance has to be executed, to assist
in the execution of same by their own labour, in accordance
with the direction of the said officer or the person authorised
in writing by him in this behalf.

(2) A person authorised under sub-section (1) shall be

deemed to be a Government servant within the meaning of
the Indian Penal Code, 1860. Central Act 45 of 1860.

(3) Any order made under this section shall be

immediately reported to the Collector.

36. All persons required under section 35 and have Payment of

laboured by day or have been detained for this purpose wages.
shall as soon as possible and in any case within fifteen days
from such requisition, be paid by the Irrigation officer for
their labour and detention at twenty five to fifty percent in
excess of the rate of wages for the time being prevailing in
the locality. If the persons are required to work or be
detained at night, wages shall be paid at twice the said rate.

PART VII.
SAFEGUARD OF IRRIGATION WORKS.

37. Except in the prescribed manner, no person other than Limitations in

the Irrigation officer shall be authorised without the written respect of
order of the Government to,- Irrigation works.
 14 [Act No.XXIV of 1357 F.]

(a) divert or interfere with the course of a natural

stream, or

(b) construct a kunta or tank on any natural stream, or

(c) construct any earthen or masonry bund or weir on

channel or stream, flowing above or below any water-
course.

Interference with 38. No person shall interfere with or obstruct the proper
canal or channel functioning of the various cross drainage works of Irrigation
works. works, namely culverts, water-courses, super-passages,
syphons, weirs and allied works constructed for the safety of
the canal or channels, without the express written
permission of the Irrigation officer.

Construction and 39. Save in the prescribed manner, no tank or kunta or

repair of tanks bund shall be constructed on a cross-drainage specified in
kuntas and bunds
section 38, nor shall any breached tank, kunta or bund be
prohibited.
repaired, nor shall any existing tank, kunta or bund be
extended or raised without the order in writing of the
Government.

Obligations of 40. (1) It shall be incumbent on every owner whose tanks,

owners in respect kuntas or bunds are situated above an irrigation work to
of works affecting maintain the bunds and water rejecting arrangements of
canal safety.
such irrigation sources in a safe and good condition.

(2) If, in the opinion of the Irrigation officer, such

irrigation sources are not safe or in a good condition and
are likely to endanger the irrigation work, then the owner
concerned shall be given a notice through, the Collector to
bring such irrigation sources to a fit condition as directed by
the Irrigation officer in a reasonable specified time.

(3) If the said owner fails to comply within the time

specified or effects repairs which in the opinion of the
[Act No.XXIV of 1357 F.] 15

Irrigation officer are not satisfactory, then the Irrigation

officer shall have the right to get the repairs executed or
completed when necessary, and the cost thereof shall be
recovered from the said owner by the Collector as an arrear
of land revenue.

41. From every order by the Irrigation officer, under section Appeal against
40, an appeal shall lie within three months to such authority order issued
under section 40.
as may be appointed for this purpose.

42. No person shall conduct mining or quarrying Mining or

operations requiring the use of explosives within two quarrying by
explosives
furlongs from the boundaries of an irrigation work without
prohibited.
the written permission of the Irrigation officer.

43. No new well shall be excavated within two hundred Excavation of well
yards from the boundaries of an irrigation work without the adjoining
irrigation work
permission of the Irrigation officer.
prohibited.

44. No person other than the Irrigation officer or the person Operation of
empowered by the Government shall have the right to sluices etc.,
operate a flood-gate, regulator or a sluice-gate of a water prohibited.
reservoir, canal or channel.

45. No person shall have the right to ply a ferryboat in a Plying of ferry-
water reservoir or a canal or channel without the permission boat prohibited.
of the Government.

46. No person other than the Irrigation officer shall be Unlawful letting
authorised to let out water from a canal or channel by out of water from
cutting the bund, constructing a sluice or outlet or any other canal.
contrivance.

47. The patta for the bed land of tank shall not be granted Patta of beds of
nor the existing occupancy rights continued where the tank tank.
is utilised as water reservoir under a canal or channel:
 16 [Act No.XXIV of 1357 F.]

Provided that compensation in case of acquired

occupancy right being so extinguished, shall be paid under
the Land Acquisition Act.

Certain matters, 48. The following matters are prohibited within the
within boundaries boundaries of a water reservoir, tank, canal or channel
of tanks or canals
prohibited.
except that they are performed by persons authorised:-

(a) removal of any material relating to the irrigation

work;

(b) cultivation of any kind;

(c) sowing or planting of trees;

(d) tapping of Abkari trees situated on the land

acquired;

(e) establishment of any new place of worship;

(f) grazing or tethering of any animal;

(g) vehicular traffic on bunds or inspection pathways;

(h) passage of animals on bunds or inspection

pathways;

(i) corruption of or fouling the water;

(j) removal or cutting of or damaging trees in any way;

(k) other prescribed matters.

[Act No.XXIV of 1357 F.] 17

PART VIII.
PENALTIES AND PROCEDURE.

49. (1) Whosoever wilfully and without the permission of Damaging

the competent officer, commits or attempts to commit the irrigation works.
following acts:-

(a) damages, alters, enlarges, or obstructs any

irrigation work;

(b) interferes with, or increases, or diminishes the

supply of water in, or the flow of water through, over or
under any irrigation work or does some other act which
reduces its utility for the purposes for which it was
constructed;

(c) corrupts or fouls the water of any irrigation work

by which the utility is reduced for the purposes for which it is
ordinarily used;

(d) destroys, defaces or removes any land or level

marks or water guage or lock fixed by competent officer;

(e) destroys, tampers with or removes the apparatus

for controlling, regulating or measuring the flow of water in
any irrigation work;

(f) notwithstanding any prohibition, passes or causes

animals or vehicles to pass, in or across any irrigation work,
its banks, or channels, contrary to rules made under section
67;

(g) willfully causes or permits cattle to graze upon

any irrigation work, or flood-embankment, or willfully tethers
or causes or permits cattle to be tethered, upon any such
irrigation work or embankment, or roots up any grass or
vegetation growing on any irrigation work or embankment,
 18 [Act No.XXIV of 1357 F.]

or removes, cuts, or in any way injures or causes to be

removed, or otherwise injures, any tree bush, hedge or
grass planted for the protection of such irrigation work or
embankment; and

(h) whoever contravenes any rule made under

section 67 the breach whereof is declared punishable under
this section, shall, on conviction before a Collector, be
punished with a fine which may extend to five hundred
rupees.

(2) For any contravention mentioned in clause (a), (d)

or (e) of sub-section (1) if the Collector is of the opinion that
in the circumstances of the case it is proper to punish with
imprisonment in lieu of fine he may commit the case to the
special Magistrate appointed under section 55 or if no such
special Magistrate is appointed, to the competent Magistrate
concerned and on conviction before the special Magistrate
or the competent Magistrate, as the case may be, shall be
punished with imprisonment which may extend to three
months.

Endangering 50. (1) Whosoever without the permission of the competent

stability of any officer:-
irrigation work.

(a) pierces or cuts through, or attempts to pierce or

cut through, or otherwise to damage or destroy or endanger
the stability of any irrigation work;

(b) opens, shuts or obstructs, the sulice in any

irrigation work or attempts it;

(c) for the purpose of diverting or impounding the

free flow of water, (the right to which vests in the
Government),–
[Act No.XXIV of 1357 F.] 19

(i) makes or attempts to make any dam or refuses

or neglects to remove it when required to do so;

(ii) creates or attempts to create obstruction or

refuses or neglects to remove any such obstruction when
required to do so;

shall on conviction before a Collector be punished with

a fine which may extend to one thousand rupees.

(2) For any contravention mentioned in clause (a) or

clause (c) (i) of sub-section (1) if the Collector is of the
opinion that in the circumstances of the case, it is proper to
punish with imprisonment in lieu of fine he may commit the
case to the special Magistrate appointed under section 55
or if no such special Magistrate is appointed, to the
competent Magistrate concerned and on conviction before
the special Magistrate, or the competent Magistrate, as the
case may be, shall be punished with imprisonment which
may extend to one year.

51. Whenever any person is convicted under section 49 or Removing

50 the Collector or, the special Magistrate or the concerned obstruction and
competent Magistrate, as the case may be, may order that compensation for
loss.
he shall remove the obstruction or compensate the loss on
account of which he is punished, within a period to be fixed
in the order. If such person refuses or neglects to obey the
order within the fixed period, the Collector may authorise the
Irrigation officer to remove such obstruction or compensate
such loss and its cost shall be recoverable from such
person as an arrear of land revenue.

52. (1) Any person in charge of or employed on any Power to remove

irrigation work may remove from the lands or buildings and take into
belonging thereto, or may take into custody without a custody person
obstructing.
warrant, and take forthwith before a Collector or concerned
 20 [Act No.XXIV of 1357 F.]

Tahsildar, to be dealt with according to law, any person,

who in his view:

(a) wilfully damages, obstructs or fouls any irrigation

work, or

(b) without permission from the competent officer,

interferes with the supply or flow of water, in or from any
irrigation work so as to endanger, damage or reduce its
utility.

(2) when a person is arrested and produced before the

Tahsildar under sub-section (1) the Tahsildar shall release
such person binding him for appearance by taking security
or bond and shall send the report to the Collector without
delay.

Punishment or 53. Any person, who, being called upon to assist by his
contravention of physical labour in the completion of any irrigation work
section 35.
under section 35 refuses or neglects to comply with such
call without sufficient cause shall, on conviction before a
Collector be punished with a fine which may extend to fifty
rupees.

Punishment for 54. If an officer or other person empowered to take action

exercising powers under this Act exercises, without reasonable cause for the
under this Act for
purpose of vexation or with malicious intention, any power
vexation.
under this Act, on conviction before the special Magistrate,
appointed under section 55 or if no such special Magistrate
is appointed, before the competent Magistrate concerned
shall be punished with imprisonment which may extend to
six months, or with fine which may extend to one thousand
rupees or with both.

Appointment of 55. The Government may, for the purposes of this part,
special appoint for any area a special Magistrate, who may exercise
Magistrate.
the powers of the Magistrate of the First Class in