(1) Any person in charge of or employed on any irrigation work may remove from the lands or buildings belonging thereto, or may take into custody without a warrant, and take forthwith before a Collector or concerned Removing obstruction and compensation for loss.
Power to remove and take into custody person obstructing.
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.
53. Any person, who, being called upon to assist by his physical labour in the completion of any irrigation work 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.
54. If an officer or other person empowered to take action under this Act exercises, without reasonable cause for the purpose of vexation or with malicious intention, any power 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.
55. The Government may, for the purposes of this part, appoint for any area a special Magistrate, who may exercise the powers of the Magistrate of the First Class in Punishment or contravention of section 35.
Punishment for exercising powers under this Act for vexation.
Appointment of special Magistrate.
[Act No.XXIV of 1357 F.] 21 accordance with the provisions of the 6[Code of Criminal Procedure, 1898.] In case special Magistrate is not appointed, the cases to be committed to the special Magistrate shall be committed to the competent Magistrate concerned:
Provided that notwithstanding anything to the contrary in the said Code special Magistrate or competent Magistrate, as the case may be, may try any contravention summarily under this part and pass a sentence to the extent he is empowered under this part.
56. An appeal may lie to the Board of Revenue within three months against the sentence of fine passed by the Collector under this part and the order of the Board of Revenue shall be conclusive. Any such order shall not be called in question in any Criminal or Civil Court.
57. Nothing herein contained shall prevent any person being prosecuted under any other law, for the time being in force, for any act or omission punishable by this Act.
PART IX.
WATANDAR PATWARIS AND IRRIGATION PATWARIS.
58. If for any area comprised in or adjacent to ayacut of any irrigation work under existence or under construction the Government considers it necessary to improve the standard of village record and statistics relating to lands, the Government may, declare that Irrigation Patwaris will be appointed in place of Watandar Patwaris; but such notification shall not be in respect of the ayacut under irrigation when this Act comes into force unless its area is two thousand acres or more or such ayacut is adjacent to
6. Now see the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Remedy against order made by Collector.
Punishment under other laws not barred.
Notification regarding appointment of Irrigation Patwaris.
Central Act 5 1898.
22 [Act No.XXIV of 1357 F.]
another ayacut and the aggregate area of the two ayacuts is two thousand acres or more.
59. Until such time as an Irrigation Patwari appointed in place of watandar patwari assumes charge of his post, the existing Watandar Patwari or his agent may, if he agrees, do the work and shall be entitled to get remuneration at the rate of scale in force before the issue of the notification.
60. When any Watandar Patwari hands over charge of his post to an Irrigation Patwari he shall be paid compensation for watan rights in the manner, within the period, and to the extent and in the kind prescribed but if any former Watandar Patwari, is appointed as Irrigation Patwari the Government may set off any pension or rusume sanctioned in compensation for watan rights against the salary which is payable to him as Irrigation Patwari.