Section 26 in Karnataka Command Areas Development Act, 1980
26. Penalties.
(1)Whoever, voluntarily or without proper authority,-(a)damages, alters, enlarges, or obstructs any irrigation system under a pipe- outlet ;(b)interferes with, increases, or diminishes the water supply in or the flow of water from, through, over or under any irrigation system under a pipe-outlet ;(c)being responsible for maintenance of the irrigation system under a pipe- outlet, neglects to take proper precautions for the prevention of wastage of the water thereof or interferes with the authorised distribution of water therefrom or uses water in an unauthorised manner or in such manner as to cause damage to the adjacent land holding;(d)corrupts or fouls, the water of any irrigation system under a pipe-outlet so as to render it less fit for the purpose for which it is ordinarily used;(e)destroys, defaces or removes any level marks or water-gauge or any other work or sign fixed by the Authority or a public servant;(f)opens, shuts, or obstructs or attempts to open, shut, or obstruct any sluice or outlet or any other similar contrivance in any irrigation system under a pipe- outlet or drainage system;(g)uses water unlawfully or unauthorisedly or agrees to or allows to grow any crop in contravention of any notification under this Act,shall on conviction, be punished with imprisonment which may extend to two years or with fine which shall not be less than one thousand rupees, but may extend to five thousand rupees or with both:Provided that in the case of a continuing offence, a fine not exceeding one hundred rupees per day shall also be imposed during the period of the continuance of the offence.(2)While convicting any person under sub-section (1), the magistrate may order that the said person shall remove the obstruction or repair the damage, sluice or outlet or replace the level mark, water gauge or other work in respect of which the conviction has taken place, within a period to be specified in such order. If such person neglects or refuses to obey such order within the period so fixed, the Authority may carry out the work in accordance with such order and the cost thereof shall be recoverable from such person as arrears of land revenue.
