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State of Madhya Pradesh - Section

Section 165 in The M.P. Irrigation Rules, 1974

165.

(1)The following offences may be compounded under sub-section (3) of Section 62 of the Act, that is to say, where a person without proper authority:-
(i)damages, alters, enlarges or obstructs a canal; or
(ii)in using a water-course, interferes with the authorised distribution of water therefrom; or
(iii)in using a water-course, neglects to take proper precautions for the prevention of waste of the water of such water; or
(iv)having received water in his field for irrigation, neglects to take proper precautions for the prevention of waste of such water; or
(v)destroys, injures defaces or moves any land-mark, level mark water-gauge or other apparatus fixed by the authority of a canal officer; or
(vi)causes animals or vehicles to pass on or across any of the works, banks or channels of any canal after such passage has been prohibited by a canal officer; or
(vii)causes or knowingly or wilfully permits animals to graze or be tethered upon the bank or border of any canal after such grazing or tethering has been prohibited by a canal officer; or
(viii)removes or injures any tree, bush, grass or other vegetation growing on any canal; or
(ix)eases himself on the banks or in the channel of a canal; or
(x)damages or alters a water-course or interferes with the flow of water therein or corrupts or fouls such water; or
(xi)refuses to allow water received by him in his field for irrigation to pass beyond the field when required to do so by the panchayat:
Provided that no offence shall be compounded under Section 62 (3) where the offence has caused damage exceeding thirty rupees in value.
(2)An irrigation panchayat may give notice to person reasonably suspected of having committed any of the above offences. Such notice shall require the person to attend at the time and place specified in the notice.
(3)When the person attends and accepts the panchayat's proposal for composition, an order shall be recorded fixing the amount payable by him. Such amount shall be paid immediately or within such time as the panchayat may fix.
(4)All offences dealt with under sub-rules (2) and (3) shall be recorded in a register which shall contain the following particulars :-
(a)the serial number;
(b)the date of the commission of the offence;
(c)The date of the report or complaint or discovery of the offence;
(d)the name, parentage, residence and social status of the offender;
(e)the alleged offence and the provision in Rule 166 (1) under which it comes;
(f)if the offence charged be of causing damage the sum at which the damage is assessed, if it be of waste, theft or corruption of water, the value of the water affected;
(g)an abstract of the inquiry made, of the offender's statement and of the decision arrived at;
(h)the amount paid as composition and the date of the payment; and
(i)the signature of the sarpanch presiding at the meeting at which the case was decided, with the date of the decision.
(5)The register shall be submitted in original to a canal officer at such intervals as the Executive Engineer may direct.
(6)The irrigation panchayat shall report to a canal officer every case in which a person fails to comply with the notice or refuses to accept the panchayat's proposal for composition or the amount of composition is not paid within the time fixed.
(7)On receipt of the report of the Canal Deputy Collector shall take steps to realise such amounts as arrears of land revenue and at his discretion, may further impose a fine not exceeding Rs. 250.
(8)There shall be formed for each irrigation panchayat a fund to be called the irrigation panchayat fund, and the money recovered by way of composition under this rule shall be placed to the credit of this fund.