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The Bangladesh Irrigation Water Rate Ordinance, 1983

( Ordinance NO. XXXI OF 1983 )

Penalty for diversion of normal flow of water by obstruction, etc.
9. (1) If, without any written permission of the Deputy Commissioner, any obstruction is put in any channel referred to in section 8 or other canal or any cut is made on the bank thereof as a result of which the normal flow of water through
(a) take such measures as he may consider necessary to remove such obstruction or to close such cut;
(b) impose a penalty, which may extend to ten time the water rate assessed for the 1[financial year] during which the obstruction is put or the cut is made, on the persons who are the owners or occupiers of lands irrigated by, or filled up with, water so diverted, after giving them an opportunity of showing cause against the imposition of such penalty:
Provided that no such penalty shall be imposed on any person who proves to the satisfaction of the Deputy Commissioner that such obstruction was put or such cut was made without his knowledge or consent.
(2) Any person aggrieved by an order imposing a penalty under this section may, within thirty days from the date of receipt of the order, appeal to such appellate authority as may be prescribed, and the decision of the appellate authority in such appeal shall be final.

  • 1
    The words “financial year” was substituted for the words “crops season” by section 7 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)
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