(1) Whosoever without the permission of the competent officer:-
(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),– Endangering stability of any irrigation work.
[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 50 the Collector or, the special Magistrate or the concerned competent Magistrate, as the case may be, may order that 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.