32. Power to modify obstructions to the passage of water through or over land. -
(1)The [State Government] [Words 'Provincial Government' substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may, by notification, declare that in any area specified in the notification every person shall be bound, for irrigation purposes or for the drainage of land which has been irrigated, to afford a free passage to water through or over any land in his possession or under his control [and, for that purpose, to allow, when so required by the Collector by order made in this behalf, the construction and maintenance of such channels as may be necessary without causing unnecessary loss or damage to such land.] [Words inserted by W.B. Act 1 of 1963.](1A)[ If any person refuses to comply with an order of the Collector under sub-section (1) for the construction or maintenance of any channel, the Collector may cause the channel to be constructed or maintained, as the case may be, and may recover the costs thereof from such person.] [Sub-sections (1A) and (1B) inserted by W. B. Act 1 of 1963.](1B)[ Notwithstanding anything contained in any other law for the time being in force, no person shall be entitled to claim any compensation for any damage or loss which may be caused as a result of the construction or maintenance of any channel under sub-section (1) or sub-section (1A).] [Sub-sections (1A) and (1B) inserted by W. B. Act 1 of 1963.](2)After the issue of a notification under sub-section (1) the Collector, if in his opinion the free passage of water through or over any land in such area is necessary for irrigation purposes or for the drainage of land which has been irrigated, may, subject to rules made under this Act, from time to time issue a general or special order upon persons who have such land in their possession or under the control to modify, in such manner and within such period as may be specified in the order, any artificial obstruction that exists on such land [or in any channel constructed thereon under sub-section (1) or sub-section (1A)] [Words, figures, letter and brackets inserted by W.B. Act 1 of 1963.] to such free passage, or to show cause against such order.(3)If the Collector is not satisfied with any cause that may have been shown, he shall fix a further period within which the obstruction shall be modified.(4)If any person fails to comply with an order under sub-section (2) or sub-section (3), or under section 37, in respect of such modification, he shall be liable on conviction by a magistrate to a fine not exceeding fifty rupees for each such offence, and to a further fine not exceeding five rupees for each day after conviction during which the obstruction remains unmodified, and the Collector may cause the obstruction to be modified and may recover the cost of modification from such person.
