Section 13 in The West Bengal Irrigation (Imposition of Water Rate) Act, 1974
13. Penalty for diversion of normal flow of water from field channel, or canal by obstruction, etc.
(1)If any obstruction is caused in any field channel or canal or any cut is made on the bank thereof as a result of which the normal flow of water through such field channel or canal is diverted for the purpose of irrigating any particular land, the Collector may-(a)take such measures as he considers necessary to remove such obstruction or close such cut, and(b)without prejudice to the provisions of section 8, impose a penalty, which may extend to ten times the water rate assessed for the kharif season, rabi season or summer season, as the case may be, having regard to the time when the obstruction is put or the cut is made, on the person who is the owner or occupier of the land sought to be irrigated by the water so diverted, after giving him 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 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 and the decision of the appellate authority in such appeal shall be final.
