(1) The alpika samiti or the other upper-level water users’ association shall act as the competent investigating agency for investigating the offences under sub-section (1) of section 33. The immediate upper-Level water users’ association or the competent canal officer as the case may be shall investigate the offences committed in the jurisdiction of a Lower-Level water users’ association.
(2) The Chair-person of a water users’ association, in whose jurisdiction the offence is committed, shall be bound to inform promptly to the competent investigating agency regarding the offence as soon as he has the knowledge of such offence and upon request made by the competent investigating agency, he shall assist it in the investigations.
(3) It shall be the duty of police officers, employees of the State Government and members of water users’ association, in whose knowledge any offence, punishable under this Act is committed or attempted to be committed, to give immediate information to the competent investigating agency of such commission or, attempt and to assist the competent investigating agency in the exercise of its authority under this Act.
(4) A competent investigating agency shall start to investigate as soon as possible an offence punishable under section 33 committed within the the area of the jurisdiction thereof.
(5) The competent investigating agency may exercise the same powers in respect of such investigation as an officer-in-charge of a police station may exercise in a cognizable offence under the provisions of the Code of Criminal Procedure 1973 as amended from time to time.
(6) If the Chairperson of a water users’ association is not performing in accordance with the provisions laid down in the sub section (2) he may be treated as one of the accomplices in the offence by the competent investigating agency and be punished accordingly