44. Rates for unauthorized use and waste of water.
(1)Cultivated land on which water has been used in an unauthorised manner shall be subject to the payment of water-rates; such rates are called "rates for unauthorised use".(2)Rates for unauthorised use shall be payable by the occupiers of the land concerned :Provided that, if such occupiers can prove to the satisfaction of a canal officer that the unauthorized use was due to the act or omission of another person, the canal officer may levy such rates, or a portion thereof, from such other person.(3)When water is used in an unauthorized manner otherwise than on cultivated land, the Executive Engineer may make an estimate of the volume of water used, and may determine the persons responsible for such use and the person who have been benefited thereby. Such water may be charged for at bulk rates to be prescribed from time to time by the State Government, and the charges shall be distributed among the persons responsible and the persons benefited by such use at the discretion of the Executive Engineer.(4)When water is wasted, the Executive Engineer may make an estimate of the volume of water wasted, and may determine the persons responsible for such wastage. Such water may be charged for at bulk rates to be prescribed from time to time by the State Government, and the charges shall be distributed among the persons responsible at the discretion of the Executive Engineer.(5)The levy of rates for unauthorized use or for waste shall not bar a prosecution for any offence connected with such use or waste.(6)No suit shall lie in a Civil Court contesting any decision made by a canal officer under this section or by the Collector on appeal from such decision.(7)Rules may be made under this Act regulating the procedure of canal officers in imposing liability for, and in assessing, canal revenue payable under this section.
