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Section 39: For damaging irrigation work etc.

The Odisha Irrigation Act, 1959.State Act of Odisha · Act 14 of 1959

Whoever voluntarily and without proper authority–

(1) damages, alters, enlarges, reduces or obstructs any irrigation work;

(2) interferes with, or increases or diminishes the supply of water in, the flow of water from, through, over or under any irrigation work

1. Renumbered by Act, 11 of 1975.

2. Inserted by ibid.

3. Substituted by Orissa Act, 17 of 1981.

4. Substituted by Orissa Act, 21 of 1974.

20 or by any means raises or lowers the level of the water in any irrigation work;

(3) corrupts or fouls the water of any irrigation work so as to render it less fit for the purposes for which it is ordinarily used;

(4) interferes with or alters the flow of water in any river, spring or stream, so as to endanger, damage or render less useful any irrigation work;

(5) destroys, defaces or removes any land or level mark or watergauge fixed by the authority of a public servant;

(6) destroys, tampers with, or removes, any apparatus,or any part thereof meant for controlling, regulating or measuring the flow of water in any irrigation work;

(7) Passes, or causes animals or vehicles to pass, in or across any of the works, banks or channels of an irrigation work contrary to rules made this Act, after such passage has been prohibited;

(8) Causes or knowingly and willfully permits cattle to graze upon any canal or flood embankment, or tethers or causes or knowingly and willfully permits cattle to be tethered, upon any such canal or embankment, or roots up any grass or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures, or causes to be removed cut or otherwise injured any tree, bush, grass or hedge intended for the protection of such canal or embankment;

(9) neglects, without reasonable cause, to assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do under S. 10.

(10) violates any rule made under this Act, for breach whereof the State Government in such rules, direct that a penalty may be imposed;

(11) causes any vessel to enter or navigate in any canal contrary to the rules for the time being prescribed by the State Government for entering or navigating such canal;

(12) While navigating any canal neglects to take proper precautions for the safety of the canal and of vessels thereon; or

(13) being responsible for the maintenance of a water-course, or using a water-course neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner or prevents or interferes with the lawful use of such water-course by any person authorised to use the same;

shall, when such act shall not amount to the offence of committing his chief within the meaning of the Indian Penal Code (45 of 1860) on conviction 21 before a Magistrate, be punished for each such offence with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to one month, or with both.

Where this provision sits

ActThe Odisha Irrigation Act, 1959.
Section39
Marginal noteFor damaging irrigation work etc.
JurisdictionState of Odisha
StatusIn force as published by the source

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