70. Offences under the Act,. - Whoever, without proper authority and
voluntarily, does any of the acts following, that is to say :-
(1) damages, alters, enlarges or obstructs any canal or drainage work;
(2) interferes with, increases or diminishes the supply of water in, or the flow
of water from, through, over or under, any canal or drainage work;
(3) interferes with or alters the flow of water in any river or stream, so as to
endanger, damage or render less useful any canal or drainage work;
(4) being responsible for the maintenance of a water-course, or using a
water-course, neglects to take proper precautions for the prevention of
waste of water thereof or interferes with the authorized distribution of the
water therefrom or uses such water in an unauthorised manner;
(5) corrupts or fouls the water of any canal so as to render it less fit for the
purposes for which it is ordinarily used;
(6) causes any vessel to enter or navigate any canal contrary to the rules for
the time being prescribed by the State Government for entering or
navigating such canal;
(7) while navigating on any canal neglects to take proper precautions for the
safety of the canal and of vessels thereon;
(8) and (9) Omitted by Punjab Act 14 of 1968;
(10) destroys or moves any level-mark or water gauge fixed by the authority
of a public servant;
(11) passes, or causes animals or vehicles to pass, on or across any of the
works banks or channels of a canal or drainage work contrary to rules
made under this Act after he has been desired to desist therefrom;
(12) violates any rule made under this Act for breach whereof a penalty may
be incurred -
Penalty. - shall be liable on conviction before a Magistrate of such class as the
State Government directs in this behalf, [to a minimum fine of five thousand
rupees, but not exceeding fifty thousand rupees or to imprisonment not
exceeding six months, or with both.]
[70A. Order of the Divisional Canal Officer. - (1) Whenever water is used by
any person in an unauthorized manner or does any act under the provisions of
clauses (1) to (7) and clauses (10) to (12) of section 70, the Divisional Canal
Officer by an order, shall stop the supply thereof to such person for his next two
turns for the first offence and for the second offence stop the supply for full turn
during the crop season. In case, any person still continues to use water in an
unauthorized manner, he shall be excluded from the command area of the canal
for a period of two years.
(2) An appeal against every order passed by the Divisional Canal Officer shall lie
to the Superintending Canal Officer, No appeal shall be entertained, unless it is
filed within a period of thirty days from the date of communication of such order.
(3) When supply of water of the offender is stopped, his share of canal water
shall be distributed judiciously amongst the other share holder falling in the
command area of the canal from where offender is drawing canal water.]
71. Saving of prosecution under other laws. - Nothing hereinafter contained
shall prevent any person from being prosecuted under any other law for any
offence punishable under this Act : Provided that no person shall be punished
twice for the same offence.
72. Compensation to person injured. - Whenever any person is fined for an
offence under this Act, the Magistrate may direct that the whole or any part of
such fine may be paid by way of compensation to the person injured by such
offence.
73. Powers to arrest without warrant. - Any person incharge of or employed
upon any canal or drainage work may remove from the lands or buildings
belonging thereto, or may take into custody without a warrant and take forthwith
before a Magistrate or to nearest police station, to be dealt with according to law,
any person who, within his view, commits any of the following offences :-
(1) Wilfully damages or obstructs any canal or drainage work.
(2) Without proper authority interferes with the supply or flow of water in or
from any canal or drainage work, or in any river or stream, so as to
endanger, damage or render less useful any canal or drainage work.
74. Definition of "Canal". - In this part the word 'Canal' shall (unless there be
something repugnant in the subject or context) be deemed to include also all
lands occupied by the State Government for the purposes of canals, and all
buildings, machinery, fences, gates and other erections, trees, crops, plantations
or other produce, occupied by, or belonging to the State Government, upon such
land.