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85. Water charges for unauthorised or wasteful use of water.

  1. Where any person unauthorisedly uses or takes water from any irrigation work or any person authorised to use water from any irrigation work causes or occasions waste of water, such person shall be liable to pay in addition to the penalties that may be imposed on him by or under this Act, such water charges as the Collector may, on a report of the Irrigation Officer, determine, for the water used or taken unauthorisedly or wasted, as the case may be.
  2. Whoever abstracts or diverts water from a watercourse in violation of the provisions of section 4 or section 5 shall be liable to pay, in addition to the penalties that may be imposed on him, by or under this Act, such amount of water charges as the Collector may on a report of the Irrigation Officer determine, for the water so abstracted or diverted:
    Provided that no water charges under sub-section (1) or sub-section (2) shall be determined without giving the person affected thereby a written notice specifying the proposed amount of water charges and giving him an opportunity of being heard.
  3. Any person aggrieved by an order of the Collector under sub-section (1) or sub-section (2), may appeal to the Government in the prescribed manner and the Government shall decide the appeal within three months from the date o receipt of the appeal and the decision of the Government thereon shall be final.