(1) In the absence of an agreement made under section 29 with any other person the Collector may require the lambardar of any mahal to collect and pay any sums payable under this Act by a third party in respect of any land or water in such mahal and in the event of his failing to pay any sum so required may receiver it from him as an arrear of land revenue.
(2) Where a lambardar is required to pay any sum under sub-section (1), all the provisions of law for the time being applicable to the recovery by him or by the Collector on his be half of land revenue and remuneration fees from any third party shall apply to the recovery of sums from any third party liable for the same as if they were enacted in this Act.
Saving in respect of fines
31. Nothing in sections 28, 29 and 30 applies to fines.
1- Subs. by the A.O. 1950 for (Provincial Government) which had been subs, by the A. O. 1937 for (L. G.).
2- Subs. for "Gazette" by A. O. 1937.
3- For notifications under this sec. consult S. O. R.
184 [The United Provinces Minor Irrigation Works Act, 1920] [Section 32-34]
PART V PENALTIES AND PREVENTIVE ACTION Offences 32. Whoever without proper authority, and voluntary, does any of the following acts namely-
(1) damages, alters, enlarges or obstructs any work ;
(2) interferes with, increases or diminishes the supply of water in or the flow of water from, through, over or under any work;
(3) being responsible for the maintenance of any work or of any part thereof or using any work or any part thereof, neglect, to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of water there from or uses such water in an unauthorized manner;
(4) corrupts or fouls the water of any work so as to render it, less fit for the.
purpose for which it is ordinarily used;
(5) destroys or moves any level mark or water gauge fixed by the authority of a public servant ;
(6) passes or causes animals or vehicles to pass on or across any work, contrary to rules made under this Act;
(7) violates any rule made under this Act the breach of which is declared to be punishable, or disobeys any lawful order of Collector or other officer:
shall be liable on conviction before a magistrate, to imprisonment for a period not exceeding one month or to a fine not exceeding fifty rupees or, where the offence is a continuing one, to a further fine which may extend to ten rupees for every day on which the offence continues after the date of first conviction.
Saving 33. Nothing herein contained shall prevent any person being prosecuted under any other law for any offence punishable under this, Act, provided that no person shall be punished twice for the same offence.
Summary arrest 34. Any person in charge of or employed upon any work may remove from the lands or buildings belonging thereto or may take into custody without a warrant and take (or send) forthwith to a magistrate or to the nearest police station to be dealt with according to law, any person who within his view commits any of the following offences :
(a) wilfully damages or obstructs any work;
(b) without proper authority interferes with the supply or flow of water to or from any work so as to endanger, damage or render less useful such work.
185 [The United Provinces Minor Irrigation Works Act, 1920] [Section 35-36] Definition of “work” in this part
35. In this part the word "work" shall be deemed to include all lands occupied by [the Government] 1 for the purpose of a minor irrigation work in respect of which an approved scheme has been published and all buildings, machinery, fences, gates and other erections, trees, crops, plantations or other produce, occupied by or belonging to [the Government] upon such lands.
PART VI JURISDICTION AND PROCEDURE Preparation of record of rights U.P. Act no. III of 1901