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[Cites 0, Cited by 0] [Section 13] [Entire Act]

State of West Bengal - Subsection

Section 13(1) in The West Bengal Irrigation (Imposition of Water Rate) Act, 1974

(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.