(1) Notwithstanding anything contained in the foregoing provision of this Part, where a Canal Officer duly empowered in this behalf is of opinion that water in any canal is being used unauthorisedly, the Canal Officer may, with a view to preventing such use, direct any person to desist immediatly on the issue of such direction from using water on such canal unauthorisedly. 1[On his failure to comply with the direction, notwithstanding anything contained in this Act or in any law for the time being in force or in any agreement for the supply of water or electricity, it shall be lawful for the Canal Officer, with the assistance of the police and the licensee or other authority supplying electricity, by order to direct the seizure and removal of the machine, contrivance, equipment or any other appratus whatsoever, with which water was or is being lifted or used unauthorisedly from such canal or the discontinuance or reduction of the supply of electricity to the consumer by the licensee or other authority 2[for such period as may be specified in the order and such period shall not be beyond the 30th day of June next following the order. Any machine, contrivance, equipment or apparatus so seized shall be kept in safe custody, till the period specified by the Canal Officer in his order.] It shall be obligatory on the licensee or other authority to comply forthwith with any direction issued by the Canal Officer under this sub-section.]
The machine, contrivance, equipment or appratus removed as aforesaid shall be restored to the person from whose custody it was removed after the expiry of the period specified in the order :
Provided that if the Canal Officer is of opinion that water in any canal is being persistently used by any person unauthorisedly, the Canal Officer may, after giving such person a reasonable opportunity of being heard, direct that the machine, contrivance, equipment or apparatus removed as aforesaid be forfeited to the Appropriate Authority.
(2) Any person aggrieved by the order of the Canal Officer under sub-section (1) may, within 15 days of the date of receipt of such order by him, appeal to the Appropriate Authority, and that Authority may, with the least possible delay, pass such order as it may deem fit in the circumstances of the case. The decision of the Appropriate Authority in appeal and subject thereto, the decision of the Canal Officer shall be final.
98. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences punishable under sections 93 and 94 shall be cognizable and bailable.
99. 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.
2 of
1974.
Persons employed on canal may take offenders into custody.
Procedure in respect of machine, apparatus with which canal water is used unauthorisedly.
Cognizance of certain offences.
Abetment.
1 This portion was substituted for the original by Mah. 31 of 1984, s. 3.
2 This portion was substituted by Mah. 24 of 1989, s. 2.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 35
100. If a person notices an unauthorised use of canal water for which punishment has been provided in this Act and the rules made thereunder and if he informs a Canal Officer in writing of such use and if this information leads to the detection of the offence and of the person responsible for the offence, the Appropriate Authority may grant him such reward as it may deem fit.
101. 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 part, may direct that the whole or any part of such fine may be paid by way of compensation to any person injured by such offence.