76. Penalty for unauthorised interference with embankments or drainage. -
(a)Every person, who, in any of the territories to which this Act extends, without the previous permission of the Collector, shall erect, or cause or wilfully permit to be erected, any new embankment, or shall add to any existing embankment, or shall obstruct or divert, or cause or wilfully permit to be obstructed or diverted, any water-course, if such act is likely to interfere with, counteract or impede any public embankment or any public water-course;(b)every person who, within the limits of the tract included in any prohibitory notification under section 6, without the previous permission of the Collector, shall erect, or cause or wilfully permit to be erected, any new embankment, or shall add to any existing embankment, or shall obstruct or divert, or cause or wilfully permit to be obstructed or diverted any water-course; and(c)every person who shall abet any such act as is mentioned in clauses (a) and (b),shall be liable, on conviction, [to a fine not exceeding one thousand rupees, or to imprisonment of either description for a period not exceeding three years or to both.] [Words substituted by W.B. Act 33 of 1980.][Exception. - This section shall not render unlawful the repair, of a breach or cut in an embankment so as to restore the embankment to the same dimensions as it had immediately before such breach occurred or cut was made; provided that-(a)such cut was not made under the orders of the Collector;(b)such repair is made within one year after such breach occurred or cut was made; if, however, the repair cannot be completed within this period, the sanction of the Collector shall be obtained to the completion of the work;(c)such breach or cut forms a gap or, if unrepaired, may form a gap between two portions of an existing embankment which were continuous before the breach occurred or cut was made;(d)the part of the embankment in which the breach occurred or cut was made was not erected or added to in contravention of this section or of any other provision of law for the time being in force.]
