(1) Any abuse in the supply of water from an irrigation project by any person being a user of such water within the meaning of section 18, or any unauthorised use of such water by any person shall be an offence punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both and for continuance of such offence, the offender shall be liable to an additional fine of twenty-five rupees per day so long as such offence is continued.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) Any police officer not below the rank of a Sub-Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any offence punishable under sub-section (1).
41. (I) The State Government may, by notification in the Official Gazette, make rules for carrying out the 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 following matters, namely:—
(i) the manner in which the notification under section 4 is to be published;
(ii) the manner in which the statement under section 8 is to be prepared and published;
(iii) the manner in which a notice of demand under section 9 is to be served;
244 The West Bengal State Tubewell and LW Irrigation Act, 1974.
XLVIII. of 1974.]
(Chapter VL—Miscellaneous.—Section 41.)
(iv) the period within which and the manner in which the statement under sub-section (1) of section 10 is to be republished and the manner in which a revised notice of demand is to be served under sub-section (2) of the said section;
(v) the manner in which additions or alterations to, and publication of, a statement under sub-section (1) of section 11 may be done;
(vi) the conditions subject to which and the manner in accordance with which the Project Authority may grant abatement or remission under section 13;
(vii) the manner in which the Project Authority may grantrefund under section 15;
(viii) particulars to be observed by the Chief Engineer for the efficient operation and maintenance of irrigation projects under section 20;
(ix) the manner in which the Project Authority shall maintain books, records and accounts and shall submit particulars, reports, etc., to the Chief Engineer or the Collector, referred to in sub-sections (1) and (2) of section 23;
(x) the time within which, the procedure in accordance with which and the fee on payment of which a case may be referred to the revisional authority under sub-section (1) of section 25;
(xi) the procedure in accordance with which and the fee on payment of which an appeal may be preferred under subsection (1) of section 26;
(xii) the conditions to be observed and the manner in which notice is to be served in connection with entry, etc., upon any land or other property referred to in section 27;
(xiii) the conditions, if any, subject to which statements may be asked to be made or records or documents may be asked to be produced under sub-section (1) of section 28;
(xiv) the manner in which and the conditions subject to which the Collector may grant compensation under sub-section (2) of section 30;
(xv) the fee to be paid and the manner to be observed in preferring an appeal under sub-section (1) of section 31;
(xvi) the manner in which copies of entries in any statement may be supplied under section 39 and the fees to be paid for such supply;
245 The West Bengal State Tubewell and Lift Irrigation Act, 1974.
[West Ben. Act XLVIII of 1974.]
(The Schedule.)
(xvii) forms to be prescribed under any of the provisions of this Act; and
(xviii) any other matter which, under any of the provisions of this Act, either expressly or by implication, is required to be prescribed or to be provided for by rules.
THE SCHEDULE [See Section 2(/).]
(A) Pre-Khatif Crops
1. Aus.
2. Oil-seeds.
3. Maize.
4. Vegetables.
5. Fodder crops.
6. Sesamum (Til).
7. Sun flower.
(B) Kharif Crops
1. Paddy.
2. Vegetables.
3. Maize.
4. Jute.
(C) Rabi Crops
1. Wheat and Barley
2. Maize.
3. Pulses.
4. Oil-seeds.
5. Potatoes.
6. Vegetables.
7. Fodder crops.
8. Tobacco.
(D) Summer Crops
1. Paddy.
2. Pulses.
3. Oil-seeds.
4. Vegetables.
5. Sugarcane.
6. Cotton.
7. Groundnut.
246 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14