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Section 16

Power to put a stop to and remedy illegal acts

of Waters Act 1920

ActIn forceProvision 16 of 18
Section 16
(1)

Where in any State any such person interferes with the bank of a river or contravenes section 5 or 7, the State Authority of such State may do and cause to be done all such things as may in his opinion be necessary or expedient for remedying such interference or contravention or the results thereof, and the cost thereby incurred shall be recoverable from such person by State Authority, or any person authorized in that behalf by the State

Authority, by civil suit.

(2)

In amplification and not in derogation of the generality of the foregoing powers the State Authority may cause the bank of any river which has been interfered with to be restored or remade, any tree, which on being felled has fallen into a river, or any obstruction in or interference with a river, or any bridge, jetty, or landing stage (other than a bath-house) over or beside any river to be removed or destroyed, and any ditch, drain, channel, pipe, or other means of diverting the water of any river from its natural course to be filled in, closed, destroyed, or removed.

(3)

For the purpose of any work or thing about to be or being carried out or done under this section, entry may be made upon any land owned or occupied by any person whose interference with the bank of a river or contravention of section 5 or 7 has given occasion for such work or thing; provided that nothing herein contained shall authorize entry into any dwelling-house and that before entry upon land owned or lawfully occupied by any person not less than twenty-four hours previous notice in writing shall, except in any case where the District Officer otherwise directs, be given to such owner or occupier.

(4)

Nothing in this section contained shall affect any liability of any person to prosecution and punishment under section 15.

Waters 13