Section 33 in The U.P. Participatory Irrigation Management Act, 2009
33. Offences and penalties.
(1)Whoever, without any lawful authority does any of the following acts within the delineated area of operation of an irrigation system, that is to say:-(i)damages, alters, enlarges or obstructs any canal work or field drain;(ii)interferes with, increases or diminishes the supply of water in or the flow of water from, through, over or under, any canal or field drain;(iii)uses without authorization of competent authority, water outside the area of operation of a water users' association;(iv)neglects to take the proper precautions for the prevention of waste of water or interferes with the authorized distribution of water or uses such water in an unauthorized manner;(v)corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;(vi)destroys or moves any level mark made, water-gauge or any apparatus fixed by the authority of a public servant or water users' association;(vii)passes, or causes any animals or vehicles to pass on or across any of the works, banks or channel of a canal or field drain contrary to rules except for cattle ghat wherever provided and roads designated for such use;(viii)obstructs the implementation of scheduled irrigation;(ix)encroaches upon the canal or field drain or damages the canal assets or Government property:(x)contravenes the provisions of this Act and rules made thereunder;shall be punishable with imprisonment which may extend to six months or fine which shall not be less than one thousand rupees but which may extend to the cost of damage or both:Provided that an additional fine not less than one thousand rupees may be imposed for a subsequent conviction of the same person for a like offence.(2)Whenever the offence under sub-section (1) is committed by a company or a society every person who, at the time the offence is committed was in charge of, and was responsible to the company/society for performing its functions and having powers to perform such functions, as well as the company/society, shall be liable to be proceeded against and punished for such offence.(3)Whenever any person is fined for an offence committed under this Act, the appropriate court may direct that the whole or any part of such fine may be paid by way of compensation to the person injured by such offence.
