Section 93 of The Bengal Irrigation Act, 1876 — Offences under Act
Bare section text
Official Legislative Text
Of Offences and Penalties
Whoever, voluntarily and without proper authority, 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, or by any means raises or lowers the level of the water in any canal or drainage-work;
- (3)being responsible for the maintenance of a village-channel, or using a village-channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water therefrom, or uses such water in an unauthorized manner;
- (4)corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;
- (5)destroys, defaces or removes any level-mark or water-gauge fixed by the authority of a public servant;
- (6)destroys or removes any apparatus, or part of any apparatus, for controlling or regulating the flow of water in any canal or drainage-work;
- (7)passes, or causes animals or vehicles to pass, in or across any of the works, banks or channels of a canal contrary to rules made under this Act after he has been desired to desist therefrom;
- (8)without the permission of the canal-officer causes, or knowingly and wilfully permits, any cattle to graze upon any flood-embankments, or tethers, or causes or knowingly and wilfully permits any cattle to be tethered upon any such embankments, or roots up any grass or other vegetation growing on any such embankments, or removes, cuts or in any way injures or causes to be removed, cut or otherwise injured any trees, bushes, grass or hedge intended for the protection of such embankment;
- (9)violates any rule made under the Act, for breach whereof a penalty may be incurred, shall, in case the offence shall not amount to mischief within the meaning of the Indian Penal Code, and on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment for a term not exceeding one month, or to both.
Educational Study Layer
Summary
- Doing unauthorized and voluntary damage, alteration, or obstruction to any canal or drainage-work is an offence.
- Interfering with water supply, changing the flow, raising or lowering the water level, wasting water from village-channels, or fouling canal water are forbidden.
- Destroying or moving water-gauges, removing flow-control apparatus, letting cattle graze or tethering them on flood-embankments, and violating any rules are offences.
- If the offence does not amount to criminal mischief under the Indian Penal Code, a convicted person can be fined up to fifty rupees, imprisoned for up to one month, or both, by a Magistrate.
Practical examples
FAQ
1. What is the maximum fine for wasting water from a village-channel under Section 93?
Under Section 93 of the Act, if you are responsible for or use a village-channel and neglect to prevent water waste, you can be fined up to fifty rupees, imprisoned for up to one month, or both, provided the act does not amount to mischief under the Indian Penal Code.
2. Can I be jailed for letting my cattle graze on a flood-embankment under Section 93?
Yes, under Section 93 of the Act, causing or knowingly permitting cattle to graze on a flood-embankment without the canal officer's permission is an offence. Upon conviction before a Magistrate, you can face up to one month in prison, a fine of up to fifty rupees, or both.
3. Is it illegal to move or deface a water-level mark under Section 93?
Yes. Section 93 of the Act states that voluntarily and without proper authority destroying, defacing, or moving any level-mark or water-gauge set by a public servant is an offence punishable by a fine of up to fifty rupees, up to one month in prison, or both.
4. What is the penalty for fouling canal water under Section 93?
Fouling or corrupting canal water so that it is less fit for its ordinary use is an offence under Section 93 of the Act. If convicted, you face a fine of up to fifty rupees, imprisonment for up to one month, or both.
Practice Quiz
Q1.Amit voluntarily throws toxic household waste into an irrigation canal, making the water completely unfit for farming. If this act does not amount to criminal mischief under the Indian Penal Code, what is the maximum penalty Amit faces under Section 93 of the Act?
Q2.A farmer tethers his goats on a flood-embankment without the canal officer's permission, causing damage to the protective grass. Under Section 93 of the Act, who has the authority to convict this farmer and sentence him to a fine or imprisonment?
Q3.Under Section 93 of the Act, a person who is responsible for maintaining a village-channel neglects to take proper precautions and lets water run to waste. What condition must be met for this person to be liable for a fine of up to fifty rupees or up to one month of imprisonment?
Q4.A driver is directed by a canal patrol to stop driving his tractor across a canal bank contrary to the rules. The driver ignores the request and continues. Under Section 93 of the Act, which factor triggers the offence?