(1) If any obstruction is caused in any field channel or canal or any cut is made on the bank thereof as a result of which the normal flow of water through such field channel or canal is diverted for the purpose of irrigating any particular land, the Collector may—
(a) take such measures as he considers necessary to remove such obstruction or close such cut, and
(b) without prejudice to the provisions of section 8, impose a penalty, which may extend to ten times the water rate assessed for the kharif season, rabi season or summer season, as the case may be, having regard to the time when the obstruction is put or the cut is made, on the person who is the owner or occupier of the land sought to be irrigated by the water so diverted, after giving him an opportunity of showing cause against the imposition of such penalty:
Provided that no such penalty shall be imposed on any person who proves to the satisfaction of the Collector that such obstruction was put or such cut was made without his knowledge or consent.
(2) Any penalty imposed under this section shall be recoverable as public demand.
(3) Any person aggrieved by an order imposing a penalty on him under this section may, within thirty days from the date of the order, appeal to such appellate authority as may be prescribed and the decision of the appellate authority in such appeal shall be final.
Indemnity. 14. No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.
Power to make 15. (1) The State Government may make rules for carrying out the rules. purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the f011owing matters, namely :—
(a) the manner of publication of notifications issued under this Act;
228 The West Bengal Irrigation (Imposition of water rate) Act, 1974.
[West Ben. Act. XLVI of 1974.]
(Chapter IL Impositionand assessment of water rate.— Section 16.)
West Ben.
Ord. VII of
1974.
(b) the form and manner of preparation and publication of assessment list under sub-sections CO and (3) of section 8;
(c) the contents of a petition of appeal under section 8 and the fees, if any, to be paid on such petition and the procedure to be followed in such appeal;
(d) the manner of remission of water rate under section 9;
(e) the manner of, and the amount of fees payable for, supplying copies under section 10;
(f) the appellate authority to whom appeals under subsection (3) of section 13 shall lie and the procedure to be followed by the appellate authority; and
(g) any other matter which may be or is required to be prescribed under this Act.