(1) The Sub-Divisional Officer, the Collector and the District judge shall for the purposes of holding any inquiry or determining any dispute or hearing any appeal under this Act, have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) receiving evidence on affidavits;
(c) making any local inspection, or issuing commissions for the examination of witness or local investigation;
(d) requiring the discovery and production of documents;
(e) awarding, subject to any rules made in that behalf, costs or special costs to any party or requiring security for cost from any party;
(f) recording a lawful agreement, compromise and making an order in accordance therewith;
(g) dismissing an application or appeal for default and to restore it for sufficient cause;
(h) deciding a case ex parte and to set aside, for sufficient cause, an order passed ex parte;
(i) allowing amendments of any application, objection or memorandum of appeal;
(j) issuing temporary injunction, both prohibitory as well as mandatory;
(k) substituting legal representatives in case of the death of any party;
(l) any other matter which may be prescribed.
(2) Without prejudice to the provision of sub-section (1), the Sub-Divisional Officer of the Collector, or the District Judge as the case may be, shall have power to make any order for the ends of justice or to prevent the abuse of process of its or his authority under this Act.
Application of Limitation Act, 1963
13. The provisions of sections 4, 5 and 12 of the Limitation Act, 1963, in so far as may be applicable shall apply to all proceedings under this Act.
78 [The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975] [Section 14-18] Savings in respect of rights and powers of Municipal Boards and Notified Area Committee
14. Within the limits of a Municipality or Notified Area as defined in the U. P.
Municipalities Act, 1916, or a town area as defined in the U. P. Town Areas Act, 1914 the provisions of this Act shall have effect subject to the following modifications, namely-
(a) the provisions of sections 6, 8 and 9 shall have effect as if for the words "Sub-Divisional Officer" the Municipal Board, the Notified Area Committee or the Town Area Committee, as the case may be, or an officer authorised by it in that behalf were substituted;
(b) section 11 shall have effect as if the words "section 8 or section 9 or" were omitted;
(c) any water sources or water channels, whether situated within the limits of the municipality, notified area or town area or outside, in the possession of the Municipal Board or Notified Area Committee or Town Area Committee immediately before the commencement of this Act shall not be affected by any provision of this Act;
(d) if after the commencement of this Act, the Municipal Board, the Notified Area Committee, the Lower Area Committee requires any new water sources or any new water channels outside the limits of the municipality, or notified area or town area it may take supply of water from such water source or construct or cause to be constructed any such water channel, tank or reservoir or install or cause to be installed any pumping machine or layout or cause to be laid out any pipe line outside such limits only with the prior permission in writing of the State Government.
Prohibition of use of injurious substances in water sources
15. No person shall use in any water source chemicals, explosives or any other substance which may cause injury to or endanger any fish or other aquatic organisms.
Power of exemptions
16. The State Government may by notification in the Gazette grant, subject to such conditions, if any, as may be specified, exemptions from all or any of the provisions of this Act in respect of such persons or class of persons or in respect of such class of ponds or reservoirs or other collections of still water (including rain water) as may be specified, and the State Government may by a subsequent notification withdraw or modify any such exemption.
Power to delegate
17. The State Government may by notification in the Gazette delegate, subject to such conditions, if any, as it may specify, any of its powers (except the power under section 21) to the Nigam or to a Jal Sansthan constituted under the Uttar Pradesh Water Supply and Sewerage Ordinance, 1975, or to the Uttar Pradesh Parvatiya Vikas Nigam Limited, a company registered under the Companies Act, 1956.
Penalties 18. (1) Whoever, without proper authority and voluntarily does any of the following acts, namely- ,
(a) damages, alters, obstructs or interferes with or increases or diminishes the supply of water in or the flow of water from, through, over or under any water source;
79 [The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975] [Section 19-20]
(b) interferes with or alters the flow of water from, through, over or under any water channel, tank or reservoir or any pumping machine or pipe line, whether existing from before the commencement of this Act or constructed, installed or laid after the commencement of this Act, by the State Government or any municipal board or town area committee, notified area committee or Jal Sansthan or by any other public authority or with the permission of the Sub-Divisional Officer by any other person;
(c) contravenes the provisions of section 15, shall be punishable with imprisonment which may extend to one year and shall also be punishable with fine which may extend to one thousand rupees.
(2) Whoever contravenes any other provisions of this Act or any order made thereunder shall be punishable with fine which extend to five hundred rupees, and if the offence is a continuing offence, with a further fine not exceeding twenty-five rupees for every day during which the offence continues after the date of first conviction for such offence.
(3) Provisions of sub-sections (1) and (2) shall also apply in respect of any attempt or abatement of offence referred to in the said sub-sections.
(4) All offences punishable under sub-section (1) shall be cognizable.
Offences by companies