CHAPTER VIII: PENALTY AND PROCEDURE

 

  1. Penalty: (1) If a person contravenes any provision of this Act, or any rules or regulations made under this Act, he shall, if no other penalty is provided for such contravention, be liable to punishment with an imprisonment for a term which may extend to one year or with fine which may extend to two hundred thousand rupees or with both.

(2)  The Magistrate competent to try an offence under subsection (1) may try the offence in a summary manner in accordance with the provisions of sections 260 to 265 of the Code of Criminal Procedure, 1898 (V of 1898).

  1. Causing damage to property and disobedience of orders: (1) Whoever willfully causes damage, or allows damage to be caused to any property which vests in the Authority or unlawfully converts it to his own or any other person’s use, shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both.

(2)  Whoever refuses or willfully neglects to provide any officer or servant of the Authority with the means necessary for entering into any premises for the purpose of collecting any information or making an examination or enquiry in relation to any water works, shall be punishable with imprisonment extending to one year or fine or with both.

(3)  Whoever without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Act, shall be guilty of an offence punishable under section 32.

(4)  Whoever attempts to commit or abets the commission of an offence punishable under this Act, shall be deemed to have committed that offence.

(5)  Any magistrate empowered for the time being to try in a summary way the offence specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may if such magistrate thinks fit, on application being made in this behalf by the prosecution, try an offence punishable under this Act, in accordance with the provisions contained in sections 262 to 265 of the said Code.

  1. Offences and cognizance: (1) If a person commits an offence specified in

(a)  Part-A of the Schedule appended to this Act, such person shall be liable to punishment with imprisonment for a term which may extend to seven years or with fine which may extend to five hundred thousand rupees or with both and where an accused was directed by the Authority for immediate discontinuance of the offence, the Court may impose a further fine which may extend to fifty thousand rupees for every day during the period the accused has persisted in the offence from the date of its commission; and

(b)  Part-B of the Schedule appended to this Act, he shall be liable to punishment with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or with both and where an accused was directed by the Authority for immediate discontinuance of the offence, the Court may impose a further fine which may extend to ten thousand rupees for every day during the period the accused has persisted in the offence from the date of its commission.

(2)  An offence punishable under subsection (1) shall be cognizable on a complaint in writing of    an officer authorized by the Authority to the officer in charge of the police station.