(1) if any obstruction is put in any channel referred diPtyonfrol :0 in section 9 or other canal or any cut is made on the bank normal :hereof as a result of which the normal flow of water through flow of such channel or canal is diverted for the purpose of irrigating canal water any land, the Collector may— bstr by ouct ete.
(a) take such measures as he may consider necessary to remove such obstruction or to close such cut, and
(b) without prejudice to the provisions of section 7, impose a penalty, which may extend to ten times the water rate assessed for the kharif season or the rabi season. as the case may be, having regard to the time when the obstruction is put or the cut is made, on the persons assessed to water rate under section 7 who are the owners or occupiers of the lands irrigated by water so diverted, after giving them 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 a 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 by rules made under this Act and the decision of the appellate authority in such appeal shall be final.
The West Bengal Irrigation (Imposition of water rate for Damodar Valley Corporation Water) Act, 1958.
Arrears of water rate to be recoverable as public demands.
[West Bea. Act XXVI of 1958.]
(Sections
11. All arrears of water rate together with interest and costs, if any, shall be recoverable as public demands.
Proceeds 12. The proceeds of the water rate, after deduction of the or water expenses incurred by the State Government, for supply and nal3 to be distribution of water, including the costs of construction or distributed between maintenance of channels, and for assessment and realisation of the state the water rate shall, notwithstanding anything contained in the eroveare Act, be distributed between the State Government and the merit and the pm.- Corporation in such proportion as may be agreed upon.
poration.
Power to make rules.