Section 40 in The Gujarat Water Users' Participatory Irrigation Management Act, 2007
40. Penalty for damaging minor canal, etc.
- Whoever voluntarily and without proper authority.-(a)damages, alters, enlarges or obstructs, entrusted minor canal;(b)interferes with or increases of diminishes the supply of water in, or the flow of water from through, over or under any entrusted minor canal, or, by any means, raises or lowers the level of the water in such canal;(c)pollutes or fouls the water of entrusted minor canal so as to render it less fit for the purposes for which it is ordinarily used;(d)destroys, defaces or removes any land or level mark or water gauge fixed by the authority of a public servant;(e)destroys, tampers with, or removes any apparatus or part of any apparatus for controlling, regulating or measuring the flow of water in an entrusted minor canal;(f)passes or causes animals or vehicles to pass, in or across any of the works, banks or channels of an entrusted minor canal contrary to regulations made under section 59;(g)causes or knowingly and wilfully permits cattle to graze upon any entrusted minor canal or flood embankment, or tethers or causes or knowingly and wilfully permits cattle to be tethered, upon any such entrusted minor canal or embankment, or removes., cuts or in any way injures, or causes to be removed, cut or otherwise injured, any tree, bush, grass or hedge intended for the protection of such entrusted minor canal or embankment;(h)violates any rule made under section 58 for breach whereof, the State Government may, in such rules, direct that a penalty shall be incurred;and whoever-(i)being responsible for the maintenance of a field channel, or using a field channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner;shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code (45 of 1860), on conviction, be punished in the case of a first offence with fine which may extend to two thousand rupees, and in the case of a second and subsequent offence, with fine which may extend to five thousand rupees:
