(1) Every owner whose tank, .vgell, pond, spring pond or-other reservoir is situated above any irrigation work, shallmaintainthe bunds and surplussing arrangements of such tank, well, pond,spring pond, spring channels or reservoir in a safe and eflicientcondition.
(2) If, in the opinion of the Canal Officer, such bunds orsurplussing arrangements of the works referred to in sub—section (1)are not in a fit' condition and are likely to endanger the irrigationworks below, then the owner concerned shall be served with a noticeto bring such bunds or surplussing arrangements to a reasonablyfit conditions, in such manner and within such time as may bespecified in the notice.
(3) If the said owner fails to comply with the notice withinthe time specified or does repairs Which in the opinion of the CanalOflicer are unsatisfactory the Canal Officer may carry out the neces-sary repairs and recover the cost from the said owner.
(4) From any order of the Canal Officer under this section andappeal shall lie within thirty days from'the date of communicationof the order, to the Divisional Canal Ofliccr, whose decision thereon-shall be final.
75. No person shall conduct mining or quarrying operationsrequiring the use of explosives within such distance as may beprescribed from the foundaries of an irrigation workwithout the-written permission of the Canal Officer.
33
77. Notwithstanding anything contained to the contrary in Sub-awtiun (4) of section 3, no well exclusively for domestic use, eitheron personal or community basis, shall be excavated within suchAllstiincc, as may be specified by the State Government from timeto time, from the, beundaries of, an. irrigation work without theyevious sanction of the authority specified by the State Govern-mm and Subject; to such conditions'as the authority may impose.
. 78. No person shall havethe right to fish or ply any vessel in the reservoir, pond or tank or‘acreass or alongacanal or channel maintained or controlled by the Government without the permissionit writing of the State Government or of such Otficer as may be empowered in this behalf by the State -Gove‘rnment .and exceptunder such terms and. conditions and issubject to payment of such feel as may be prescribed. , .. 79'. ,No person other .than the Canal Officer or any Officerduly empowered in this _ behalf. .Vshali let tout water from a canal(f: channel by cutting the , bund, construeting a sluice .or outlet 9: any other similar contrivance.
80. (I) Save as provided in this Act, no person shall abstract wtltcr for any purpose by the inSLallation of pump sets or other metrical or mechanical devices '.fo'r pumping waterfrom an irrigation work except with .the permission of theDivisional Canal Officer within Whose jurisdictiun such pump sets or other deVices fox. abstraction nl' water are installed and subject to such termsand conditions and subject to the payment of such tees, as may be prescribed.
(2) If any person abstract water from an irrigationwork in violation of subsection (1), the Divisional (anal Oflicer or any person authorised by him in that behalf shall have the power to enter lnto.any property, place or premises in which any construetlnn is made or any pump set or other electrical or mechanical device is installed tor the abstraction of the water and remove orcnursc to be removed Such construction or pump set or other device,
(3) The Divisional Canal‘Oflicer or the person authorised under subsection (2) may also CQnfiscate any pump set Or Other electrical or mechanical device if .he is satisfied that such confiscation is necessary for the prevention of the abstraction of water.
Sl. No person shall deposit any produCe of mines or earth ur any other material in or near any channel or field drain or other Work, whether natural or artificial. through which rain or other water flows! into any irrigation work.
32. (I) No person shall without the permission of the Divi— nimml Canal Officer, pollute or discharge seivage etfiuent or trade effluent in the v~ater of any irrigation work "which may injure to the irrigation work or may deteriorate the quality of water of themightien work or may give rise to the growth of any weeds in the irrigation w0rk. -
(2) The provisions of the Water (Prevention and Control fof l’ullntion) Act, 1974 will apply with regard to matters ‘in Mlb'SCL‘llUn (l). . _ .
Trohibition of excavation of well.
Prohibition of fishing:
and plying of vessef.
ProL ibition o f letting out water.
Prohibition of abstraction of water with- . ut authority.
Prohibition .
of deposit of earth dc produce of mine.
prevention of pollution.
Penalt y 1'or oficnces under the Act.
83.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9) <10) (II) (121
(13) shall L be 34 CHAlTER XII OFFENCES AND PENALTIES Whoevery-ivolnntarily or without proper authority :
tiamages, alters, enlarges, obstructs or encroaches upon any irrigation work; i ' interferes with increases or decreased the level and supply of water in, or the flaw of water from, through, over 01‘ under, any irrigation work;
interferes with or alters the flow of water in any riveror stream, so as to endanger, damage or render less useful any irrigation work;
being reSponsible for the maintenance of water course or field channel, or using a water course or field channel, neglects‘té take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of water therefrom, or uses such water in an unauthorised manner;
causes any vessel to enter or navigate on any 1rr1gat10n Work contrary to the rules for the time being prescribed bythe State Government;
while navigating on any irrigation work, neglects to take proper precautions for the safety of the irrigation Work and 0f vessels thereon;
neglects, without reasonable cause, ’to carry out or to porttinue to carry out duties in connection with the execution of any repair or work, when lawfully bound to do nndcr section 58;
destroys or moves any level—mark or water—gauge fixed by the authority of a public servant.
opens, shuts or obstructs or attempts to open shut or obstruct any sluice or outlet or any other similar contrivance in any irrigation work;
a110Ws- cattle to graze or be tethered on the irrigation work or pass any animal or vehicles on any irrigation work;
grows or allows to grow any crop in contravention of a not1fication under sub-section (2) of Section 42;
uses water from an irrigation work without obtaining the permission required under sub—section (5) of section 385;.
contravenes any of the provisions of the Act or of any rules made thereunder.
liable on conviction before a Magistrate, for .ofi‘ences mentioned in clauses (l) to (6), (8). and (12) to afine not exceeding Rupees one thousand. or imprisonment not exceeding one year 35 er With both and. for offences mentioned in clauses (7), (9) to (11) and (l3) to a fine not exceeding Rupees five hundred or to imnrlannmcnt not exceeding two months or with both.
Provided that for a second or subsequent offence under clauses (I) to (6), (8) and (12) fine shall not be less than Rupees two hundred and under clauses (7)= (9) to (ll) and (13) fine shall not he lest! than rupees fifty:
Provided further that in case of a continuing ofi'ence of daily fine of not less than rupees fifty during the period of continuance of the offence shall also be imposed.
84. The penalties and punishments mentioned to the Water (Preventioned Control of Pollution) Act 1974 will be applicable for violating the provision of section 82. ,