Section 34 in The U.P. Participatory Irrigation Management Act, 2009
34. Investigation of the offences.
(1)The alpika samiti or the other upper level water users association shall act as the competent investigating agency for investigating the offences under sub-section (1) of Section 33. The immediate upper level water users' association or the competent canal officer, as the case may be, shall investigate the offences committed in the jurisdiction of a lower level water users' association.(2)The Chairperson of a water users' association, in whose jurisdiction the offence is committed, shall be bound to inform promptly to the competent investigating agency regarding the offence as soon as he has the knowledge of such offence and upon request made by the competent investigating agency, he shall assist it in the investigations.(3)It shall be the duty of police officers, employees of the State Government and members of water users' association, in whose knowledge any offence, punishable under this Act is committed or attempted to be committed, to give immediate information to the competent investigating agency of such commission or, attempt and to assist the competent investigating agency in the exercise of its authority under this Act.(4)A competent investigating agency shall start to investigate as soon as possible an offence punishable under Section 33 committed within the area of the jurisdiction thereof.(5)The competent investigating agency may exercise the same powers in respect of such investigation as an officer-in-charge of a police station may exercise in a cognizable offence under the provisions of the Code of Criminal Procedure, 1973 as amended from time to time.(6)If the Chairperson of a water users' association is net performing in accordance with the provisions laid down in the sub-section (2) he may be treated as one of the accomplice in the offence by the competent investigating agency and be punished accordingly.
