Section 10 in The West Bengal Irrigation (Imposition of Water Rate For Damodar Valley Corporation Water) Act, 1958
10. Penalty for diversion of normal flow of canal water by obstruction, etc.
- If any obstruction is put in any channel referred to in section 9 or other canal or any cut is made on the bank thereof as a result of which the normal flow of water through such channel or canal is diverted for the purpose of irrigating any land, the Collector may -(a)take such measures as he may consider necessary to remove such obstruction or to close such cut, and(b)without prejudice to the provisions of section 7, impose a penalty, which may extend to ten times the water rate assessed for [Kharif season, rabi season or summer season], [Words substituted for the words 'the Kharif season or the rabi season' by W.B. Act 23 of 1976.] as the case may be, having regard to the time when the obstruction is put or the cut is made, on the persons assessed to water rate under section 7 who are the owners or occupiers of the lands irrigated by water so diverted, after giving them an opportunity of showing cause against the imposition of such penalty :Provided that no such penalty shall be imposed on any person who proves to the satisfaction of the Collector that such obstruction was put or such cut was made without his knowledge or consent.(2)Any penalty imposed under this section shall be recoverable as a public demand.(3)Any person aggrieved by an order imposing a penalty on him under this section may within thirty days from the date of the order appeal to such appellate authority as may be prescribed by rules made under this Act and the decision of the appellate authority in such appeal shall be final.
