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State of Bihar - Section

Section 35 in Bihar Lift Irrigation Act, 1956

35. Offences under the Act.

- Whoever, voluntarily and without proper authority, does any of the following acts, that is to say. -
(1)damages, alters, enlarges or obstructs any Lift Irrigation Work or drainage work; or
(2)interferes with, increases or diminishes the supply of water in, or the flow of the water from, through, over or under, any lift Irrigation Work or drainage work, or by any means raises or lowers the level of the water in any Lift Irrigation Work or drainage work; or
(3)being responsible for the maintenance of a village channel or using a village channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner; or refuses to allow the use of the channel to others on such terms as may be declared equitable by the Lift Irrigation Officer; or
(4)corrupts or fouls the water of any Lift Irrigation Work so as to render it less fit for the purposes for which it is ordinarily used; or
(5)destroys, defaces or moves any level-mark or water-gauge fixed by the authority of a public servant; or
(6)destroys, or removes any apparatus, or part of any apparatus for controlling or regulating the flow of water in any Lift Irrigation Work or drainage work; or
(7)passes, or causes animals or vehicles to pass,in or across any of the works, banks or channels of a Lift Irrigation Work contrary to Rules made under this Act after he has been desired to desist therefrom; or
(8)without the permission of the Lift Irrigation Officer causes or knowingly and wilfully permits, any cattle to graze upon any embankment of a Lift Irrigation Work or tethers, or causes or knowingly and wilfully permits any cattle to be tethered, upon any such embankments, or uproots any grass or other vegetation growing on any such embankments, or removes, cuts or in any way injures or causes to be removed, cut or otherwise injured, any trees, bushes, grass or hedge intended for the protection of such embankments; or
(9)violates any Rule made under the Act, for breach whereof a penalty may be incurred;shall, in case of the offence does not amount to mischief within the meaning of Section 425 of the Indian Penal Code (XLV of 1860) and on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment for a term not exceeding one month or to both.