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State of Gujarat - Section

Section 61 in The Bombay Irrigation Act, 1879

61. For damaging canal, etc.

- Whoever voluntarily and without proper authority-
(1)damages, alters, enlarges or obstructs any canal;
(2)interferes with, or increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal, or by any means raises or lowers the level of the water in any canal;
(3)corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;
(4)destroys, defaces or moves any land or level mark or watergauge fixed by the authority of a public servant;
(5)destroys, tampers with, or removes, any apparatus, or part of any apparatus, for controlling, regulating or measuring the flow of water in any canal;
(6)passes or causes animals or vehicles' to pass, in or across any of the works, banks or channels of a canal contrary to rules made under section 70, after he has been desired to desist therefrom;
(7)causes or knowingly and wilfully permits cattle to graze upon any canal or flood-embankment, or tethers or causes or knowingly and willfully permits cattle to be tethered, upon any such canal or embankment, or roots up any grass or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures, or causes to be removed, cut or otherwise injures any tree, bush, grass or hedge intended for the protection of such canal or embankment;
(8)neglects, without reasonable cause to assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do under section 58;
(9)violates any rule made under section 70 for breach whereof the [[State] [These words were 'the Provincial Government' substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] and whoever [Government] shall, in such rules, direct that a penalty may be incurred;
(10)being responsible for the maintenance of a [field-channel] [These words were substituted for the words 'water-course' by Gujarat 6 of 1984, section 3.], or using a [field-channel] [These words were substituted for the words 'swater-course' by Gujarat 6 of 1984, section 3.], neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water therefrom, or uses such water in an unauthorized manner or prevents or interferes with the lawful use of such [field-channel] [These words were substituted for the words 'water-course' by Gujarat 6 of 1984, section 3.] by any person authorized to use the same or declared to be a joint-owner thereof under section 23;shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code, (XLV of 1860), on conviction before a Magistrate be punished for each such offence with fine which may extend to fifty rupees, or with imprisonment [*****] [The words 'of either description within the meaning of the said Code' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1986), Schedule, B. This Schedule is printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay I of 1904).] for a term which may extend to one month, or with both.