(Act VIII of
1873)
[11 February 1873]
Preamble.– WHEREAS, throughout the territories to which
this Act extends, [3][3][the Provincial Government] is entitled to
use and control for public purposes the water of all rivers and streams flowing
in natural channels, and of all lakes, [4][4][sub-soil water] and other natural
collections of still water; and whereas it is expedient to amend the law
relating to irrigation, navigation and drainage in the said territories;
It is hereby enacted
as follows:-
PART I
PRELIMINARY
2. [Repeal of Acts]. Rep. by the Repealing Act,
1873 (XII of 1873), s. 1 and Sch.,
Pt. II.
3. Interpretation-clause.– In this Act, unless there be something repugnant in the subject or
context,–
(1) “Canal”
includes,–
(a) all canals, channels, [9][9][tube-wells] and reservoirs constructed, maintained or
controlled by [10][10][the Provincial Government] for the supply or
storage of water;
(b) all works, embankments, structures, supply and
escape-channels connected with such canals, channels or reservoirs;
(c) all water-courses as defined in the second clause of this section;
(d) all parts of a river, stream, lake or natural
collection of water or natural drainage-channel, to which the [11][11][Provincial Government] has applied the provisions
of Part II of this Act [12][12][:]
(2) “water-course” means any channel which
is supplied with water from a canal, but which is not maintained at the cost of
[14][14][the Provincial Government], and all
subsidiary works belonging to any such channel:
(3) “drainage-work” includes
escape-channels from a canal, drains, weirs, embankments, sluices, groins and
other works for the protection of lands from flood or from erosion formed or
maintained by [15][15][the Provincial Government] under the
provisions of Part VII of this Act, but does not include works for the removal
of sewage from towns:
(4) “vessel” includes boats, rafts, timber
and other floating bodies:
[16][16][(4A) “Chief Engineer” means a Chief Engineer
declared by the Provincial Government under section 4:]
[18][18][(5) “Executive District Officer (Revenue)”
means an Executive District Officer (Revenue) of a district and includes an
officer appointed under this Act to exercise all or any of the powers of the
Executive District Officer (Revenue):]
[19][19][(6) “Collector” means the Head Revenue
Officer of a district and includes an officer appointed under the Act to
exercise all or any of the powers of a Collector:]
(7) “Canal
Officer” means an officer appointed under this Act to exercise control or
jurisdiction over a canal or any part thereof:
“Superintending
Canal Officer” means an
officer exercising general control over a canal or portion of a canal:
“Divisional
Canal Officer” means an
officer exercising control over a division of a canal:
“Sub-Divisional
Canal Officer” means an
officer exercising control over a sub-division of a canal:
[20][20][(8) “district” shall have the same
meanings as are assigned to this word in the Punjab Local Government Ordinance,
2001 (XIII of 2001):]
[21][21][(9) “Canal Outlet” means a work which
passes water from a canal, including a tube-well, to a water course and is
constructed, maintained or controlled by Government [22][22][:] [23][23][* * *]
(10) “Internal Khal” means any channel
supplied with water from a water-course for watering fields] [24][24][:]
[25][25][(11) “Organization of Farmers” means an
Organization of Farmers established under this Act and includes any other
similar organization established by the Provincial Government or any of its
agencies under any law for the time being in force; and]
4. Power to appoint officers.– The [27][27][Provincial Government] may from time to time
declare by notification in the Official Gazette, the officers by whom, and the
local limits within which, all or any of the powers or duties hereafter
conferred or imposed shall be exercised or performed.
All officer mentioned
in section 3, clause (7), shall be respectively subject to the orders of such
officers as the [28][28][Provincial Government] from time to time
directs.
[29][29][4-A. Organizations of
Farmers.– (1) The Provincial Government may constitute an Organization of Farmers
comprising the local cultivators on a water-course, a group of water-courses or
a distributary or a part thereof.
(2) The
Provincial Government may entrust any of the functions of Canal Officer under
this Act to such an Organization.
(3) The Provincial Government may frame rules
for the formation, operation, functions, jurisdiction and all other related
matters of the Organizations of Farmers.]
PART II
OF THE APPLICATION OF WATER
FOR PUBLIC PURPOSES
5. Notification to issue when water supply is to be applied for
public purposes.– Whenever
it appears expedient to the [30][30][Provincial Government] that the water of any
river or stream flowing in a natural channel or of any lake or other natural
collection of still water, [31][31][or any sub-soil water] should be applied or
used by the [32][32][Provincial Government] for the purpose of
any existing or projected canal or drainage-work, the [33][33][Provincial Government] may, by notification
in the Official Gazette, declare that the said water will be so applied or used
after a day to be named in the said notification, not being earlier than three
months from the date thereof.
6. Powers of Canal Officers.– At any time after the day so named, any Canal Officer acting under the
orders of the [34][34][Provincial Government] in this behalf may
enter on any land and remove any obstructions, and may close any channels, and
do any other thing necessary for such application or use of the said water.
7. Notice as to claims for compensation.– As soon as is practicable after the issue of
such notification, the Collector shall cause public notice to be given at
convenient places, stating that [35][35][the Provincial Government] intends to apply
or use the said water as aforesaid, and that claims for compensation in respect
of the matters mentioned in section 8 may be made before him.
[36][36][8. No compensation to be awarded for any damage.– (1) No compensation shall be awarded for any
damage caused by–
(a) stoppage
or diminution of percolation of water or floods;
(b) deterioration
of climate or soil;
(c) stoppage
of navigation, or of means of drifting timber or watering cattle;
(d) displacement
of labour;
(e) stoppage or diminution of supply of water through any natural
channel to any defined artificial channel, whether above or underground, in use
whether constantly or at intervals at the date of the said notification;
(f) stoppage
or diminution of supply of water to any work erected for purposes of profit on
any channel, whether natural or artificial, in use at the date of the said
notification;
(g) stoppage
or diminution of supply of water through any natural channel which has been
used for purposes of irrigation, whether constantly or at intervals, before the
date of the said notification;
(h) interference
with any right to a watercourse or the use of any water to which any person is
entitled under the Limitation Act, 1908, Part IV.
(2) No right in respect of any of the matters
referred to in clauses (a), (b) and (c) of sub-section (1) shall be required as
against the Government under the Limitation Act, 1908, Part IV; and no right to
any such supply of water as is referred to in clauses (e), (f) and (g) of
sub-section (1), in respect of work or a channel, as the case may be, not in
use at the date of the notification shall be required, as against the
Government, except by grant or under the Limitation Act, 1908, Part IV.]
11. Abatement of rent on interruption of
water-supply.– Every tenant holding under an unexpired lease, or having a right of
occupancy, who is in occupation of any land at the time when any stoppage or
diminution of water-supply [39][39][* * *], takes place, may claim an abatement of
the rent previously payable by him for the said land, on the ground that the
interruption reduces the value of the holding.
12. Enhancement of rent on restoration of
water-supply.– If a water-supply increasing the value of such holding is afterwards
restored to the said land, the rent of the tenant may be enhanced, in respect
of the increased value of such land due to the restored water-supply, to an
amount not exceeding that at which it stood immediately before the abatement.
Such enhancement shall
be on account only of the restored water-supply, and shall not affect the
liability of the tenant to enhancement of rent on any other grounds.
PART III
OF THE CONSTRUCTION AND
MAINTENANCE OF WORKS
14. Power to enter and survey, etc.– Any Canal Officer, or other person acting
under the general or special order of a Canal Officer,
may enter upon any lands adjacent to
any canal, or through which any canal is proposed to be made, and undertake
surveys or levels thereon;
and dig and bore into
the sub-soil;
and make and set up
suitable land-marks, level-marks, and water-gauges;
and do all other acts
necessary for the proper prosecution of any enquiry relating to any existing or
projected canal under the charge of the said Canal Officer;
Power to clear land.– and, where otherwise such enquiry cannot be completed, such officer or
other person may cut down and clear away any part of any standing crop, fence
or jungle;
Power to inspect and regulate water-supply.– and may also enter upon any land, building or
water-course on account of which any water-rate is chargeable, for the purpose
of inspecting or regulating the use of the water supplied, or of measuring the
lands irrigated thereby or chargeable with a water-rate, and of doing all
things necessary for the proper regulation and management of such canal:
Notice
of intended entry into houses.– Provided
that, if such Canal Officer or person proposes to enter into any building or
enclosed court or garden attached to a dwelling-house not supplied with water
flowing from any canal, he shall previously give the occupier of such building,
court or garden at least seven days’ notice in writing of his intention to do
so.
Compensation for damage caused by entry.– In every case of entry under this section,
the Canal Officer shall, at the time of such entry, tender compensation for any
damage which may be occasioned by any proceeding under this section; and, in
case of dispute as to the sufficiency of the amount so tendered, he shall
forthwith refer the same for decision by the collector, and such decision shall
be final.
[41][41][14-A. Irrigation Schemes.– (1)
Whenever it appears necessary to the Provincial Government to start a project,
for which the survey has been conducted under section 14, to provide water
channels for the irrigation purpose, it may cause to be drawn the scheme for
the layout of water-courses.
(2) The scheme shall be published and if no
objection is received within one month of such publication, it shall become
final and be binding on all the persons accepting water under the scheme.
(3) The Divisional Canal Officer shall
entertain and decide the objections, after such enquiry as he may deem
necessary, and his decision shall be final and binding on all the persons
receiving water under the scheme.
(4) A person accepting the supply of water
under the scheme shall be bound to allow the use of his land for the
construction of the water-courses according to the final layout of the scheme.]
15. Power to enter for repairs and to prevent accidents.– In case of any accident happening or being
apprehended to a canal any Divisional Canal Officer or any person acting under
his general or special orders in this behalf may enter upon any lands adjacent
to such canal, and may execute all works [42][42][, including digging and removing earth,] which may be necessary for
the purpose of repairing or preventing such accident.
Compensation for damage to land.– In every such case such Canal
Officer or person shall tender compensation to the proprietors or occupiers of
the said lands for all damage done to the same. If such tender is not accepted,
the Canal Officer shall refer the matter to the Collector, who shall proceed to
award compensation for the damage as though the [43][43][Provincial Government] had directed the
occupation of the lands under section 43 of the [44][44]Land Acquisition Act, 1870.
16. [45][45][Construction and improvement of a water-course].– Any persons desiring to
use the water of any canal may apply in writing to the Divisional or
Sub-divisional Canal Officer of the division or sub-division of the canal from
which the water-course is to be supplied, requesting such officer to construct
or improve a water-course at the cost of the applicants.
Contents of application.– The application shall state the works to be
undertaken, their appropriate estimated cost, or the amount which the
applicants are willing to pay for the same, or whether they engage to pay the
actual cost as settled by the Divisional Canal Officer, and how the payment is
to be made.
Liability of applicants for cost of
works.– When
the assent of the [46][46][Canal Officer authorized in this behalf by
Provincial Government] is given to such application, all the applicants shall,
after the application has been duly attested before the collector, be jointly
and severally liable for the cost of such works to the extent mentioned
therein.
Recovery of amount due.– Any amount becoming due
under the terms of such application, and not paid to the Divisional Canal
Officer, or the person authorised by him to receive the same, on or before the
date on which it becomes due, shall, on the demand of such officer, be
recoverable by the collector as if it were an arrear of land revenue.
17. Government to provide means of crossing
canals.–
There shall be provided, at the cost of [47][47][the Provincial Government] suitable means of
crossing canals constructed or maintained at the cost of [48][48][the Provincial Government], at such places as [49][49][the Provincial Government] thinks necessary for
the reasonable convenience of the inhabitants of the adjacent lands.
[50][50][Five or more
inhabitants of such lands may make an application to the Divisional Canal
Officer to the effect that suitable crossing may be provided on any canal.
The
Divisional Canal Officer shall forthwith forward the application to the
Collector who shall cause an enquiry to be made into the circumstances of the
case, and if he thinks that the statement is established, he shall record his
opinion thereon for the consideration of the Provincial Government, and the
Provincial Government shall cause such measure in reference thereto to be taken
as it deems fit.]
18. Persons using water-course to construct
works for passing water across roads, etc.– The Divisional Canal Officer may issue an order to
the person using any water-course to construct suitable bridges, culverts or
other works for the passage of the water of such water-course across any public
road, canal or drainage-channel in use before the said water-course was made,
or to repair any such works.
Such order shall
specify a reasonable period within which such construction or repairs shall be
completed;
If they fail, Canal Officer may
construct.– and if, after the receipt of such order, the persons to
whom it is addressed do not, within the said period construct or repair such
works to the satisfaction of the said Canal Officer, he may, with the previous
approval of the Superintending Canal Officer, himself construct or repair the
same;
And recover cost.– and if the said
persons do not, when so required, pay the cost of such construction or repairs
as declared by the Divisional Canal Officer, the amount shall, on the demand of
the Divisional Canal Officer, be recoverable from them by the Collector as if
it were an arrear of land-revenue.
19. Adjustment of claims between persons
jointly using water-course.– If any person, jointly responsible with others for the
construction or maintenance of a water-course, or jointly making use of a
water-course with others, neglects or refuses to pay his share of the cost of
such construction or maintenance or to execute his share of any work necessary
for such construction or maintenance, the Divisional or Sub-divisional Canal
Officer, on receiving an application in writing from any person injured by such
neglect or refusal, shall serve notice on all the parties concerned that, on
the expiration of a fortnight from the service, he will investigate the case,
and shall, on the expiration of that period, investigate the case accordingly,
and make such order thereon as to him seems fit.
Such order shall be
appealable to the [51][51][Executive District Officer (Revenue)], whose order thereon shall be
final.
Recovery of amount found due.– Any sum
directed by such order to be paid within a specified period may, if not paid
within such period, and if the order remains in force, be recovered by the
Collector, from the person directed to pay the same, as if it were an arrear of
land-revenue.
[52][52][20. Supply of water
through intervening water-courses or change of source of water supply.– (1) Whenever an application is
made to a Divisional Canal Officer for the supply of water from a canal through
an existing or a new water-course or change of source for water supply of any
land, the Divisional Canal Officer, if considers it appropriate, shall–
(a) give public notice to all persons interested and personal notice to
the land-owners through whose land a link water-course is to pass, to show
cause on a day not less than fourteen days from the date of such notice why the
said supply should not be so conveyed, or the source of supply be changed;
(b) after making a public enquiry, the Divisional Canal Officer shall
determine, whether and on what conditions the said supply shall be conveyed
through such water-course or that the source of water supply shall be changed
or the link water-course shall be aligned and constructed; and
(c) subject to policy instructions of the Provincial Government, pass
such order as he deems fit.
(2) The Divisional Canal Officer shall,
within fifteen days of passing the order, send the record of the case to the
Superintending Canal Officer for further proceedings.
(3) A person aggrieved by the order passed
under sub-section (1) may file objections with the Superintending Canal Officer
within thirty days of the passing of such order.
(4) The Superintending Canal Officer, at his
own or on the objections, shall pass such order as he deems fit within ninety
days from the receipt of the record or receiving of the objections.
(5) In case no objections are filed and the
Superintending Canal Officer fails to pass an order within ninety days, the
order of the Divisional Canal Officer shall be deemed to have been confirmed
and the record shall be sent back to the Divisional Canal Officer.
(6) The order
passed or confirmed under this section shall be final and binding on the
applicant, the persons responsible for the maintenance of the said
water-course, all the persons affected by the change of source of water supply
and the land-owners through whose land the link water-course shall pass.
(7) The
applicant shall not be entitled to use the said water-course until he has paid
the expenses of alteration of such water-course necessary in order to his being
supplied through it, and also such share of the first cost of such water-course
as the Divisional or Superintending Canal Officer may determine.
(8) The applicant shall not be entitled to
use the link-water-course, until–
(a) he has paid to the land-owner the compensation for the land
occupied by such link water-course in whatever shape if it is determined
through mutual agreement; or
(b) possession of land for the said link water-course has been acquired
under the provisions of this Act.
(9) The applicant shall also be liable for
his share of cost of maintenance of the water-course as long as he uses it.]
[53][53][20-A. Special powers of Divisional Canal
Officer to initiate cases under section 20.– Whenever Government considers it expedient for a
specific purpose to empower a Divisional Canal Officer to undertake proceedings
under section 20 on his own initiative, it may confer such a power by a general
or special order issued in that behalf.
20-B. Cutting of supply for any land not being
irrigated at site.– Whenever, on an application or otherwise, the Divisional
Canal Officer considers it expedient to terminate the water-supply of any land
which cannot be used for agriculture or has become unirrigable, he shall give
notice of not less than fourteen days to the land-owners and the persons
responsible for the maintenance of the water-course through which such supply
is conveyed, to show cause why such supply should not be cut off, and after
making enquiry, the said Canal Officer may pass orders to stop the complete or
partial supply of water.
(2) After the expiry of thirty days of the
announcement of the decision by the Divisional Canal Officer, if no objection
is received and after giving due opportunity of hearing, if any objection is
received, the Superintending Canal Officer may confirm or modify it. The
decision of the Superintending Canal Officer shall be final and binding on the
parties concerned].
[54][54][21. Application for acquisition of land and
construction works thereafter.– Whenever, it is considered necessary to acquire land for
construction of a link water-course sanctioned under section 20, or section 98
or deposit of soil from a water-course clearances permitted under section 68
and transfer of an existing water course sanctioned under section 23, the
interested person may apply in writing to the Divisional Canal Officer,
stating–
(i) that he has endeavoured unsuccessfully to
acquire from the owner, the land required for the construction of the link
water-course, or for the deposit of soil from the watercourse, or for the
transfer of the existing watercourse;
(ii) that he desires the said Canal Officer, in
his behalf and at his cost, to do all things necessary for acquiring such land;
and
(iii) that he is able to defray all costs involved in acquiring such
land and constructing such water course with connected works].
[55][55][22. Procedure of Canal Officer
thereupon.– If the
Divisional Canal Officer is satisfied that the statements in the application
are true, he shall call upon the applicant to make such deposit as the
Divisional Canal Officer considers necessary to defray cost of the preliminary
proceedings, and the amount of any compensation which he considers likely to
become due under this Act; and upon such deposit being made, he shall mark out
the land which will be necessary to occupy for the said purpose, and shall
forthwith publish a notice in every village that so much of such land as
belongs to such village has been so marked out, and shall send a copy of such
notice to the Collector of every district in which any part of such land is
situated].
[56][56][23. Application for transfer of existing
water course.– Whenever application is made to a Divisional Canal Officer for transfer
of an existing watercourse from its present owner to the applicant, and it
appears to him expedient that such transfer should be made in the interest of
irrigation, he shall give notice to the person owning such water course to
cause, on a day not less than fourteen days from the date of such notice, why
the said watercourse should not be so transferred, and after making enquiry on
such day, the Divisional Canal Officer shall determine whether and on what
condition the said watercourse shall be transferred.
After
the expiry of thirty days of the announcement of the decision of the Divisional
Canal Officer, if no objection is received and after giving due opportunity of
hearing, if any objection is received, the Superintending Canal Officer may
confirm or modify that decision. The decision of the Superintending Canal
Officer shall be final and binding on the parties concerned.
The applicant shall not be entitled
to use the said water-course, until–
(a) he
has paid to the owner, the compensation thereof in whatever shape it is
determined through mutual agreement; or
(b) possession
of the watercourse has been acquired under the provisions of this Act].
[57][57][24. Liability to acquisition.– Notwithstanding
anything to the contrary contained in the Land Acquisition Act, 1894, or any
other law for the time being in force all land within the province shall be
liable to acquisition at any time under this Act for constructing a watercourse
or an internal khal].
[58][58][25. When applicant may be placed in
occupation.– (1) Within
fourteen days of the publication of the notice under section 22, any person
interested in the land to which the notice refers, may apply to the
Superintending Canal Officer by petition, stating his objection to the
acquisition of land for which the application has been made.
The Superintending Canal Officer may
either reject the petition or may make alteration in the alignment of the
proposed watercourse as he thinks fit after hearing the Divisional Canal
Officer or his representative and the applicant or interested persons by giving
them previous notice.
Notwithstanding
anything to the finality of orders made under section 20, section 23 and section
68, the alteration made under this section by the Superintending Canal-officer
shall be construed as modification made in the orders already made under the
above said sections to the extent of orders passed under this section.
The
Superintending Canal Officer shall record in writing all orders passed by him
under this section and grounds thereof. The orders of the Superintending Canal
Officer shall be final and binding on all the parties.
The
Superintending Canal Officer shall inform the Collector of the District,
Divisional Canal Officer and the applicant of the order passed by him.
(2) After
the expiry of fourteen days of the publication of the notice under section 22,
if no appeal is preferred to the Superintending Canal Officer and on the announcement
of the decision of the Superintending Canal Officer when appeal is preferred to
him as aforesaid, the Collector shall proceed within fourteen days to acquire
such land or transfer such water-course and determine the necessary
compensation; provided that the Collector shall take possession under this
section after giving to the occupier thereof notice of fourteen days of his
intention to do so].
[59][59][26. Appeal against awards and review.– (1) The person entitled to compensation
under the awards may accept the award and intimate acceptance in writing to the
Collector within fifteen days from the date of the announcement of award.
(2) Any person aggrieved by the award of the
Collector may within one month of such award appeal to the [60][60][Executive District Officer (Revenue)]. Where
the affected party had no intimation of the award, the appeal may be filed
within six weeks of the award. The [61][61][Executive District Officer (Revenue)] may
after giving the person affected an opportunity of being heard make such order
as he may deem fit.
(3) The order of the [62][62][Executive District
Officer (Revenue)] made on appeal shall be final and shall not be called into
question in any Court.
(4) The Collector or the [63][63][Executive District
Officer (Revenue)] either of his own motion or on application made to him in
this behalf by any affected person may at any time review an order made by
himself or his predecessor in so far as it corrects an arithmetical, clerical
or patent error or mistake only].
[64][64][27. Collector, [65][65][Executive District Officer (Revenue)] and Canal Officer
to have powers of Civil Courts, etc.– The Collector, [66][66][Executive District
Officer (Revenue)] and a Canal Officer making any enquiry or conducting any
proceedings or exercising the powers of appeal or review under sections 25 and
26 of this Act shall have the same powers in respect of the following matters
as are vested in a Civil Court, when trying a suit, under the Code of Civil
Procedure, 1908 (Act V of 1908), namely–
(a) summoning
and enforcing attendance of any person, examining him on oath or affirmation;
(b) requiring
the discovery and production of any document;
(c) requisitioning
any record from any court or office;
(d) issuing
commissions for examination of witnesses, inspection of property or making any
local investigation;
(e) appointing
guardians ad litem or next friends;
(f) adding
or substituting representatives of deceased parties to proceedings;
(g) adding
or dropping parties from pending proceedings;
(h) dismissal
in default of appearance and restoration of cases dismissed for default;
(i) consolidating
and splitting up cases; and
(j) any
other matter connected with the holding of any inquiry or hearing of an
appeal].
[67][67][28. Expenses to be paid by applicant before
receiving occupation.– On completion of proceedings under section 25 and
delivery of possession of land, the Divisional Canal Officer may allow the
applicant to construct the watercourse but no such applicant shall be permitted
to make use of such land or watercourse for the requisite purpose, until he has
paid such amount as the Collector determines to be due as compensation for the
land or watercourse so occupied or transferred, and for any damage caused by
the marking out or occupation of such land, together with all expenses
incidental to such occupation or transfer.
If
any part of compensation and expenses are not paid when demanded by the person
entitled to receive the same, the amount may be recovered by the Collector as
if it were an arrear of land revenue, and shall, when recovered, be paid by him
to the person entitled to receive the same].
[68][68][29. Conditions binding on applicant
placed in occupation.– When
any such applicant is placed in occupation of land or of a watercourse, or an
internal khal as aforesaid and permitted to use the same for the requisite
purpose, the following rules and conditions shall be binding on him and his
representative-in-interest.
First– All works necessary for
the passage across such watercourse or watercourses, or land acquired for the
deposit of soil, existing previous to its construction and of the drainage
intercepted by it, and for affording proper communicators across it, for
convenience of the neighbouring lands, shall be constructed by the applicant,
and be maintained by him or his representative-in-interest to the satisfaction
of the Divisional Canal Officer.
Second–
Land acquired for the purposes enumerated in section 21, shall be used only for
those purposes.
Third– The
proposed watercourse shall be completed to the satisfaction of the Divisional
Canal Officer within one year after the applicant is placed in occupation of
the land.
In cases in which land
is occupied or a watercourse is transferred on the terms of a rent-charge.
Fourth–
The applicant or his representative-in-interest shall, so long as he occupies
such land or watercourse, pay rent for the same at such rate and on such days
as are determined by the Collector when the applicant is placed in occupation.
Fifth– If the right to occupy
the land ceases owing to a breach of any of the rules, the liability to pay the
said rent shall continue until the applicant or his representative-in-interest
has restored the land to its original condition, or until he has paid, by way
of compensation for any injury done to the said land, such amount and to such
persons as the Collector determines.
Sixth– The
Collector may, on the application of the person entitled to receive such rent
or compensation, determine the amount of rent due or assess the amount of such
compensation; and, if any such rent or compensation be not paid by the
applicant or his representative-in-interest, the Collector may recover the
amount, with interest thereon at the rate of ten per cent per annum from the
date on which it became due, as if it were an arrear of land-revenue, and shall
pay the same, when recovered, to the person to whom it is due.
If any of the rules
and conditions prescribed by this section are not complied with,
or if any watercourse constructed
or transferred under this Act is disused for three years continuously, the
right of the applicant, or of his representative-in-interest, to occupy land or
watercourse shall cease absolutely].
PART IV
OF THE SUPPLY OF WATER
31. In absence of written contract, water supply to be subject to
rules.– In the absence of a
written contract, or so far as any such contract does not extend, every supply
of canal-water shall be deemed to be given at the rates and subject to the
conditions prescribed by the rules to be made by the [70][70][Provincial Government] in respect thereof.
32. Conditions as to.– Such contracts and rules must be consistent with the following
conditions–
(a) Power to stop water supply.– The
Divisional Canal Officer may not stop the supply of water to any watercourse,
or to any person, except in the following cases:-
(1) whenever and so long as it is necessary to
stop such supply for the purpose of executing any work ordered by competent
authority and with the previous sanction of the [71][71][Provincial Government];
(2) whenever
and so long as any watercourse is not maintained in such proper customary
repair as to prevent the wasteful escape of water therefrom;
(3) within
periods fixed from time to time by the Divisional Canal Officer:
(b) Claims to compensation in
case of failure or stoppage of supply.– No claim shall be made against [72][72][the Provincial Government] for compensation in
respect of loss caused by the failure or stoppage of the water in a canal, by
reason of any cause beyond the control of [73][73][the Provincial Government] or of any repairs,
alterations or additions to the canal, or of any measures taken for regulating
the proper flow of water therein, or for maintaining the established course of
irrigation which the Divisional Canal Officer considers necessary; but the
person suffering such loss may claim such remission of the ordinary charges
payable for the use of the water as is authorised by the [74][74][Provincial Government]:
(c) Claims on account of interruption from other
causes.– If the supply of water to any land irrigated from a canal be
interrupted otherwise than in the manner described in the last preceding
clause, the occupier or owner of such land may present a petition for
compensation to the Collector for any loss arising from such interruption, and
the Collector may award to the petitioner reasonable compensation for such
loss:
(d) Duration of supply.– When the water of
a canal is supplied for the irrigation of a single crop, the permission to use
such water shall be held to continue only until that crop comes to maturity,
and to apply only to that crop; but, if it be supplied for irrigating two or
more crops to be raised on the same land within the year, such permission shall
be held to continue for one year from the commencement of the irrigation, and
to apply to such crops only as are matured within that year:
(e) Sale or subletting of right to use canal
water.– Unless with the permission of the Superintending Canal Officer, no
person entitled to use the water of any canal, or any work, building or land
appertaining to any canal, shall sell or sublet or otherwise transfer his right
to such use:
Provided that the former part of
this clause shall not apply to the use by a cultivating tenant of water
supplied by the owner of a watercourse for the irrigation of the land held by
such tenant:
Transfer, with land, of contracts for
water.– But all contracts made between [75][75][Provincial Government] and the owner or occupier
of any immovable property, as to the supply of canal-water to such property,
shall be transferable therewith, and shall be presumed to have been so
transferred whenever a transfer of such property takes place:
(f) No right acquired by user.– No
right to the use of the water of a canal shall be, or be deemed to have been
acquired under the [76][76]Indian Limitation Act, 1877, Part IV, nor shall [77][77][the Provincial Government] be bound to supply any
person with water except in accordance with the terms of a contract in writing.
PART V
OF WATER-RATES
[78][78][33. Liability for unauthorized use of
water from canal or water-course.– (1) When the water of a canal is used in an unauthorized manner, the
Divisional Canal Officer shall, after holding an enquiry or causing it to be
held including identification of the person committing the offence and
considering the evidence of the Organization of Farmers, levy the prescribed
charges in the prescribed manner from the person by whose act such use has
occurred and if such person cannot be identified, from the person on whose land
the water has flowed and such land has derived benefit from it.
(2) Where the water used in an unauthorized
manner has been taken from a water-course, the Deputy Collector, after holding
an inquiry, may levy the charges–
(a) from
the person by whose act or neglect such use has taken place; or
(b) if such person cannot be identified, from the
person on whose land the water has flowed and such land has derived benefit
from it; and
(c) if
such person cannot be identified or the land, on which water has flowed, has
derived no benefit from it, from all persons chargeable in respect of the water
supplied through such water-course.]
34. Liability when water runs to waste.– If water supplied
through a watercourse be suffered to run to waste, and if, after enquiry by [79][79][the Deputy Collector],
the person through whose act or neglect such water was suffered to run to waste
cannot be discovered all the persons chargeable in respect of the water
supplied through such watercourse shall be jointly liable for the charges made
in respect of the water so wasted.
[80][80][35. Appeals
and revisions.– (1) Any
person aggrieved by an order passed by the Divisional Canal Officer in respect
of a question under section 33 may, within thirty days of the passing of such
order, appeal to the Superintending Canal Officer who after giving such person
an opportunity of being heard, may confirm, modify or set aside the order of
the Divisional Canal Officer.
(2) Any person aggrieved by an order passed
by the Deputy Collector under section 33 or under section 34 may, within thirty
days of the passing of such order, appeal to the Divisional Canal Officer, who,
after giving such person an opportunity of being heard, may confirm, modify or
set aside the order of the Deputy Collector.
(3) Subject to the deposit of charges and
penalties to the satisfaction of the revisional authority, a revision shall lie
before the Chief Engineer against the order passed by the Superintending Canal
Officer under this section within ninety days of the passing of the order.
(4) The order passed by the revisional
authority shall be final and the amount of the charges and penalties deposited
with the revisional authority shall be liable to be adjusted or refunded
accordingly.
(5) The Divisional Canal Officer,
Superintending Canal Officer or the Chief Engineer, as the case may be,
exercising powers under this section shall not suspend or stay the process of
recovery of the charges levied under section 33 or section 34.
(6)
All charges for the unauthorized use or waste of water may be recovered in
addition to any penalties incurred on account of such unauthorized use or
waste.]
36. Charge on occupier for water, how determined.– The rates to be charged for canal-water
supplied for purposes of irrigation to the occupiers of land shall be
determined by the rules[81][81] to be made by the [82][82][Provincial Government], and such occupier as
accept the water shall pay for it accordingly.
Occupier’s rate.– A rate so charged shall be called the “occupier’s
rate”.
[83][83][The rules hereinbefore referred to may
prescribe and determine what persons or classes of persons are to be deemed to
be occupiers for the purposes of this section, and may also determine the
several liabilities, in respect of the payment of the occupier’s rate, of
tenants and of persons to whom tenants may have sublet their lands or of
proprietors and of persons to whom proprietors may have let the lands held by
them in cultivating occupancy].
37. Owner’s rate.– In addition to the
occupier’s rate, a rate to be called the “owner’s rate” may be imposed,
according to rules[84][84] to be made by the [85][85][Provincial Government], on the owners of
canal-irrigated lands, in respect of the benefit which they derive from such
irrigation.
38. Amount of owner’s rate.– The owner’s rate shall
not exceed the sum which under the rules for the time being in force for the
assessment of land-revenue, might be assessed on such land on account of the
increase in the annual value or produce thereof caused by the canal-irrigation.
And, for the purpose of this section only, land which is permanently settled or
held free of revenue shall be considered as though it were temporarily settled
and liable to payment of revenue.
39. Owner’s rate, when not chargeable.– No owner’s rate shall
be chargeable either on the owner or occupier of land temporarily assessed to
pay land-revenue at irrigation-rates, during the currency of such assessment.
40 to 43. [When occupier to pay both rates: apportionment of owner’s: when owner
to pay owner’s rate: effect of introduction of canal-irrigation on landlord’s
right to enhance]. Rep. by the Punjab Tenancy Act 1887 (XVI of 1887), s. 3 and
Sch.
44. Water-rate by whom payable when charged on land held by
several owners.– Where a
water-rate is charged on land held by several joint owners, it shall be payable
by the manager or other person who receives the rents or profits of such land,
and may be deducted by him from such rents or profits before division, or may
be recovered by him from the persons liable to such rate in the manner
customary in the recovery of other charges on such rents or profits.
Recovery of charges
[86][86][45. Certified dues recoverable as
arrears of land revenue.– Any sum lawfully
due under this Part and certified by Divisional Canal Officer to be so due
shall be recovered as arrears of land revenue by–
(a) the Collector, in case of water used for irrigation purposes; and
(b) the Deputy Collector in case of water used for non-irrigation
purposes.]
46. Power to contract for collection of canal-dues.– The Divisional Canal Officer or the
Collector may enter into an agreement with any person for the collection and
payment to [87][87][the Provincial Government] by such person of
any sum payable under this Act by a third party.
When such agreement
has been made, such person may recover such sum by suit as though it were a
debt due to him, or an arrear of rent due to him on account of the land, work
or building in respect of which such sum is payable, or for or in which the
canal-water shall have been supplied or used.
If such person makes
default in the payment of any sum collected by him under this section, such sum
may be recovered from him by the Collector under section 45; and, if such sum
or any part of it be still due by the said third party, the sum or part so due
may be recovered in the like manner by the Collector from such third party.
[88][88][46-A. Agreement with Organization of Farmers.– The Divisional Canal Officer or the Collector may enter into agreement
with an Organization of Farmers for the collection and payment to the
Provincial Government of any sum payable under this Act, and thereafter any
such Organization shall be deemed to be a person entering into agreement with
the Divisional Canal Officer or the Collector.]
47. Lambardars
may be required to collect canal dues.– The Collector may require the lambardar, or person under engagement to
pay the land-revenue of any estate, to collect and pay any sums payable under
this Act by a third party, in respect of any land or water in such estate.
Such
sums shall be recoverable by the Collector as if they were arrears of
land-revenue due in respect of the defaulter’s share in such estate;
and for the purpose of
collecting such sums from the subordinate zamindars, raiyats, [89][89][tenants or sub-tenants], such lambardar or
person may exercise the powers, and shall be subject to the rules, laid down in
the law for the time being in force in respect to the collection by him of the
rents of land or of shares of land-revenue.
(a) for
remunerating persons collecting sums under this section; or
(b) for
indemnifying them against expenses properly incurred by them in such
collection; or
(c) for
both such purposes.
48. Fines excluded from sections 45, 46, 47.– Nothing in sections 45, 46 or 47 applies to
fines.
PART VI
OF CANAL-NAVIGATION
49. Detainer of vessels violating rules.– Any vessel entering or
navigating any canal contrary to the rules made in that behalf by the [91][91][Provincial Government] or
so as to cause danger to the canal or the other vessels therein, may be removed
or detained, or both removed and detained, by the Divisional Canal Officer, or
by any other person duly authorised in this behalf.
Liability of owners of vessels causing damage.–
The owner of any vessel causing damage to a canal, or removed or detained
under this section, shall be liable to pay to [92][92][the Provincial Government] such sum as the
Divisional Canal Officer, with the approval of the Superintending Canal
Officer, determines to be necessary to defray the expenses of repairing such
damage or of such removal or detention, as the case may be.
50. Recovery of fines for offences in navigating canals.– Any fine imposed under this Act upon the
owner of any vessel, or the servant or agent of such owner or other person in
charge of any vessel, for any offence in respect of the navigation of such
vessel, may be recovered either in the manner prescribed by the Code of
Criminal Procedure or, if the Magistrate imposing the fine so directs, as
though it were a charge due in respect of such vessel.
51. Power to seize and detain vessel on
failure to pay charges.– If any charge due under the provisions of this Part in
respect of any vessels not paid on demand to the person authorised to collect
the same, the Divisional Canal Officer may seize and detain such vessel and the
furniture thereof, until the charge so due, together with all expenses and
additional charges arising from such seizure and detention, is paid in full.
52. Power to seize cargo or goods, if charges
due thereon are not paid.– If any charge due under the provisions of this Part in
respect of any cargo or goods carried in a Government vessel on a canal, or
stored on or in lands or warehouses occupied for the purposes of a canal is not
paid on demand to the person authorised to collect the same, the Divisional
Canal Officer may seize such cargo or goods and detain them until the charge so
due, together with all expenses and additional charges arising from such
seizure and detention, is paid in full.
53. Procedure for recovery of such charges
after seizure.– Within a reasonable time after any seizer under section 51 or section
52, the said Canal Officer shall give notice to the owner or person in charge
of the property seized that it, or such portion of it as may be necessary,
will, on a day to be named in the notice, but not sooner than fifteen days from
the date of the notice, be sold in satisfaction of the claim on account of
which such property was seized, unless the claim be discharged before the day
so named.
And, if such claim be
not so discharged, the said Canal Officer may, on such day, sell the property
seized or such part thereof as may be necessary to yield the amount due,
together with the expenses of such seizure and sale:
Provided
that no greater part of the furniture of any vessel or of any cargo or goods
shall be so sold than shall, as nearly as may be, suffice to cover the amount
due in respect of such vessel, cargo or goods.
The residue of such
furniture, cargo or goods, and of the proceeds of the sale, shall be made over
to the owner or person in charge of the property seized.
54. Procedure in respect of vessels abandoned and goods
unclaimed.– If any vessel
found abandoned in a canal, or any cargo or goods carried in a Government
vessel on a canal, or stored on or in lands or warehouses occupied for the
purposes of a canal, be left unclaimed for a period of two months, the
Divisional Canal Officer may take possession of the same.
The officer so taking
possession may publish a notice that, if such vessel and its contents, or such
cargo or goods, are not claimed previously to a day to be named in the notice,
not sooner than thirty days from the date of such notice, he will sell the
same; and, if such vessel, contents, cargo or goods be not so claimed, he may,
at any time after the day named in the notice, proceed to sell the same.
Disposal
of proceeds of sale.– The said vessel and its contents, and the said cargo
or goods if unsold, or, if a sale has taken place, the proceeds of the sale,
after paying all tools, charges and expenses incurred by the Divisional Canal
Officer on account of the taking possession and sale, shall be made over to the
owner of the same, when his ownership is established to the satisfaction of the
Divisional Canal Officer.
If the Divisional Canal Officer is
doubtful to whom such property or proceeds should be made over, he may direct
the property to be sold as aforesaid, and the proceeds to be paid into the
district treasury, there to be held until the right there to be decided by a
court of competent jurisdiction.
PART VII
OF DRAINAGE
55. Power to prohibit obstructions or order their removal.– Whenever it appears to the [93][93][Provincial Government] that injury to any
land or the public health or public convenience has arisen or may arise from
the obstruction of any river, stream or drainage-channel, such Government may,
by notification published in the official Gazette, prohibit, within limits to
be defined in such notification the formation of any obstruction, or may,
within such limits, order the removal or other modification of such
obstruction.
Thereupon so much of
the said river, stream or drainage-channel as is comprised within such limits
shall be held to be a drainage-work as defined in section 3.
56. Power to remove obstructions after
prohibition.– The Divisional Canal Officer, or other person authorised by the [94][94][Provincial Government] in that behalf, may, after
such publication issue an order to the person causing or having control over
any such obstruction to remove or modify the same within a time to be fixed in
the order.
If, within the time so
fixed, such person does not comply with the order, the said Canal Officer may
himself remove or modify the obstruction; and if the person to whom the order
was issued does not, when called upon, pay the expenses involved in such
removal or modification, such expenses shall be recoverable by the Collector
from him or his representative in interest as an arrear of land-revenue.
57. Preparation of schemes for works of improvement.– Whenever it appears to the [95][95][Provincial Government] that any
drainage-works are necessary for the improvement of any lands, or for the
proper cultivation or irrigation thereof,
or that protection
from floods or other accumulations of water, or from erosion by a river, is
required for any lands,
the [96][96][Provincial Government] may cause a scheme
for such drainage-works to be drawn up and published, together with an estimate
of its cost [97][97][* * *], and a schedule of the lands which it
is proposed to make chargeable in respect of the scheme.
58. Powers of persons employed on such schemes.– The persons authorised by the [98][98][Provincial Government] to draw up such
scheme may exercise all or any of the powers conferred on the Canal Officers by
section 14.
[99][99][59. Rate on land benefited by works.– An annual rate, in respect of such scheme,
may be charged, according to rules to be made by the Provincial Government, on
the owners of all lands which shall, in the manner prescribed by such rules, be
determined to be so chargeable:
Provided that in the
case of agricultural land, no such rate shall be charged for the first two
harvests immediately following the completion of the scheme].
[100][100][59-A. Prohibition and control regarding the
discharge of effluent into canal and drainage works.– (1) The Provincial Government may, by notification in the
official gazette, prohibit the discharge of any effluent, including any solid
or liquid matter or combination of them from industrial, municipal or any other
source, into any river, canal and drainage work including any natural drainage
channel.
(2) In case of
contravention of sub-section (1), the Divisional Canal Officer, after such
enquiry including taking of sample, may impose such special drainage charges as
may be prescribed and shall take other necessary steps to prevent such
contravention and consequential cost so incurred shall also be recoverable from
the person found responsible for such contravention.
(3) After
the publication of notification under sub-section (1), any person, organization
or entity, interested in discharging such effluent into any river or drainage
work, including any natural drainage channel, shall apply to the Divisional
Canal Officer or any other person authorized by the Provincial Government in
this behalf, for grant of permission for the discharge of such effluent.
(4) The
applicant shall obtain a certificate of no adverse impact of such discharge on
environment from the authority designated in this behalf under any law for the
time being in force relating to environment.
(5) The Divisional Canal Officer or the
person authorized under sub-section (3), shall, after giving an opportunity of
hearing to the applicant and such further inquiry as he deems necessary,
determine the feasibility of such permission on the basis of the certificate
mentioned in sub-section (4), capacity and flow condition of the channel and
may either refuse or grant permission subject to such terms and conditions including
levy of drainage charges as may be prescribed.
(6) Any person aggrieved by the order passed
by the Divisional Canal Officer under this section may file an appeal before
the Chief Engineer within ninety days of the passing of the order.
(7) The Chief Engineer may, on an appeal or
at his own, confirm, modify or set aside the order of the Divisional Canal
Officer.]
[101][101][60. Recovery of rate.– Any drainage rate, levied
under section 59 or section 59-A, may be collected and recovered in the manner provided
under sections 45, 46, 46-A and 47 for the collection and recovery of water
rates.]
61. Disposal
of claims to compensation.–
Whenever, in pursuance of a notification made under section 55, any obstruction
is removed or modified,
or whenever any drainage
work is carried out under section 57,
all claims for
compensation on account of any loss consequent on the removal or modification
of the said obstruction or the construction of such work may be made before the
Collector, and he shall deal with the [102][102][claims in accordance with law].
62. Limitation of such claims.– No such claim shall be entertained after the expiration of one year
from the occurrence of the loss complained of, unless the collector is
satisfied that the claimant had sufficient cause for not making the claim
within such period.
[103][103][62-A. Management of sub-soil water.– (1) The Provincial Government shall take necessary
steps for the proper management of the sub-soil water to protect the aquifer,
the quality and availability of such water.
(2) The Provincial Government, or any person
authorized by it in this behalf, shall carry out the evaluation and assessment
regarding the condition of aquifer, quality and availability of sub-soil water
in any specified area and draw up the scheme for the proper management of the
sub-soil water and publish it in the manner as may be determined by the
Provincial Government.
(3) Any person aggrieved by the scheme framed
under this section may file objections regarding any matter included in the scheme
before the person authorized by the Provincial Government.
(4) After the disposal of the objections, if
any, the Provincial Government may modify the scheme and take necessary steps
for its implementation.
(5) Any person violating any direction, order
or instruction issued under this section, shall be liable to such charges as
may be prescribed.]
PART VIII
OF OBTAINING LABOUR FOR
CANALS
AND DRAINAGE-WORKS
AND DRAINAGE-WORKS
64. Power to prescribe number of labourers to be supplied by
persons benefited by canal.–
In any district in which a canal or drainage-work is constructed, maintained or
protected by [105][105][the Provincial Government], the [106][106][Provincial Government] may if it thinks fit
direct the Collector–
(a) to
ascertain the proprietors, sub-proprietors or farmers whose villages or estates
are or will be in the judgement of the Collector benefited by such canal or
drainage work, and
(b) to
set down in a list, having due regard to the circumstances of the districts and
of the several proprietors, sub-proprietors or farmers, the number of labourers
which shall be furnished by any of the said persons, jointly or severally, from
any such village or estate, for employment on any such canal or drainage-work
when required as hereinafter provided.
The Collector may,
from time to time, add to or alter such list or any part thereof.
65. Procedure for obtaining labour for works urgently required.– Whenever it appears to a Divisional Canal
Officer duly authorised by the [107][107][Provincial Government] that, unless some
work is immediately executed, such serious damage will happen to any canal or
drainage-work as to cause sudden and extensive public injury,
and that the labourers
necessary for the proper execution thereof cannot be obtained in the ordinary
manner within the time that can be allowed for the execution of such work so as
to prevent such injury,
the said officer may
require any person named in such list to furnish as many labourers (not
exceeding the number which, according to the said list he is liable to supply)
as to the said officer seems necessary for the immediate execution of such
work.
Every requisition so
made shall be in writing, and shall state–
(a) the
nature and locality of the work to be done;
(b) the
number of labourers to be supplied by the person upon whom the requisition is
made; and
(c) the
approximate time for which and the day on which the labourers will be required;
and a copy thereof shall be immediately sent to the Superintending
Canal Officer for the information of the [108][108][Provincial Government].
The [109][109][Provincial Government] shall fix, and may
from time to time alter the rates to be paid to any such labourers:
Provided that such
rates shall exceed the highest rates for the time being paid in the
neighbourhood for similar work.
In the case of every
such labourer, the payment shall continue for the whole period during which he
is, in consequence of the provisions of this part, prevented from following his
ordinary occupation.
The
[110][110][Provincial Government] may [111][111][* * *] direct that the provisions of this Part
shall apply, either permanently or temporarily (as the case may be), to any
district or part of a district for the purpose of effecting necessary annual
silt-clearances, or to prevent the proper operation of a canal drainage-work
being stopped or so much interfered with as to stop the established course of
irrigation or drainage.
PART IX
OF JURISDICTION
67. Jurisdiction under this Act of Civil
Courts.–
Except where herein otherwise provided, all claims against [113][113][the Provincial Government] in respect of anything
done under this Act may be tried by the Civil Courts; but no such Court shall
in any case pass an order as to the supply of canal-water to any crop sown or
growing at the time of such order.
[114][114][68. Settlement of disputes.– (1) Whenever a difference arises
between two or more persons with regard to the distribution of water from a
canal outlet, construction, use, or maintenance of the water-course supplied
with water from the outlet, or deposit of soil from water-course clearance, or
mutual rights and liabilities in that regard, any such person may apply in
writing to the Sub-Divisional Canal Officer.
(2) The
Sub-Divisional Canal Officer may also proceed to settle any dispute without any
such application on the basis of the order passed under section 20-B or an
order canceling the extra water supplies.
(3) The Sub-Divisional Canal Officer shall
give notice to all persons concerned regarding the enquiry in the said matter
and after such enquiry shall pass an order as he deems appropriate.
(4) Any person aggrieved by an order passed
under sub-section (3) may, within fifteen days of the passing of such order,
prefer an appeal against the order to the Divisional Canal Officer.
(5) Where an appeal has been preferred under
sub-section (4), the Divisional Officer–
(a) shall decide the appeal expeditiously; and
(b) may, pending the disposal of the appeal,
suspend the operation of the order; provided that the stay order does not
adversely affect any standing crops.
(6) The applicant shall not be entitled to
use the water-course that may be sanctioned under this section for conveyance
of water to his land or the land required for the deposit of soil from
water-course clearance, until–
(a) he has paid to the land-owner the compensation
for the land occupied for any of the purposes, in whatever shape it is
determined through mutual agreement; or
(b) possession of the land has been acquired under
the provisions of this Act.
(7) An order passed under sub-section (3), if
there be no appeal preferred against it and an order passed in appeal under
sub-section (5) shall be final.]
[115][115][68-A. Power to restore
interrupted supply.– (1) If canal-water supply of
any land is interrupted by dismantling a water-course or internal khal,
the Sub-Divisional Canal Officer, may, upon application made in this behalf and
after such enquiry as he deems necessary, order interim restoration of the
dismantled water-course or the internal khal and the interrupted supply
of water at the cost of person who interrupted the supply and if necessary by
use of such agency or force as may be called for and such order shall remain in
force until the dispute is finally settled under section 68 and, if necessary,
a water-course link is constructed under this Act.
(2) The expenses for restoration of the
water-course or internal khal may be recovered from the person at fault
as arrear of land revenue.]
[116][116][69. Enquiry proceedings.– (1) Any officer
or organization empowered under the Act to conduct an enquiry may cause the
preliminary enquiry to be made by any subordinate person or entity.
(2) Any person or entity conducting an
enquiry or a preliminary inquiry may exercise all such powers connected with
the summoning and examining of witnesses as are conferred on a civil court by
the Code of Civil Procedure 1908 (Act V of 1908) and any such enquiry shall be
deemed to be a judicial proceedings.]
PART X
OF OFFENCES AND PENALTIES
[117][117][70. Offences under the Act.– Whoever, without proper authority does [118][118][, or abets the doing of,] any of the
following acts, that is to say:-
(1) cuts through, pierces, damages, alters,
enlarges or obstructs any canal or canal outlet 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;
(3) interferes with or alters the flow of water
in any river or stream, so as to endanger, damage or render less useful any
canal or drainage work;
(4) makes any dam or obstruction for the purpose
of diverting or opposing the current of a river on the bank whereof there is a
flood embankment or refuses or neglects to remove any such dam or obstruction
when lawfully required so to do;
(5) prevents or interferes with the lawful use of
a water-course by any person authorised to use the same;
(6) being responsible for the maintenance of a
water-course, or using a water-course, neglects to take proper precautions for
the prevention of waste of the water thereof, or interferes with the authorised
distribution of water therefrom, or uses such water in an unauthorised manner;
(7) dismantles water-course or internal khal
thereby interrupting or obstructing the irrigation of the land of another
person;
(8) corrupts or fouls the water of any canal so
as to render it less fit for the purpose for which it is ordinarily used;
(9) causes any vessel to enter or navigate any
canal contrary to the rules for the time being prescribed by Government for
entering or navigating such canal;
(10) while navigating on any canal, neglects to
take proper precautions for the safety of the canal and of vessels thereon;
(12) destroys, defaces or moves any land or level
mark, rain-gauge or water-gauge fixed by a public servant;
(13) destroys, tampers with or removes any
apparatus, or part of any apparatus for hydrological observations or for
controlling, regulating or measuring the flow of water in any canal, river or
stream;
(14) passes or causes animals or vehicles to pass,
on or across any of the works, banks or channels of a canal or drainage work
contrary to rules made under this Act;
(15) causes or knowingly and willfully permits
cattle to graze upon any canal or drainage work or tethers or knowingly and
willfully permits cattle to be tethered upon any such canal or drainage work,
or up-roots grass or other vegetation growing on any such canal or drainage
work, or removes, cuts or in any way injures or causes to be removed, cuts or
otherwise injures any tree, bush, grass or hedge intended for the protection of
such canal or drainage work;
(16) makes or in any manner voluntarily abets the
making of an encroachment of any kind within the limits of a canal or drainage
work, or refuses or neglects to remove any such encroachment when so required
to do by Canal Officer; or
[120][120][(17) violates
any rules made under this Act, for breach whereof a penalty may be incurred;
shall be liable, on
conviction before a Magistrate of such class as the Provincial Government
directs in this behalf–
(a) for an offence under clauses (1) to (4), to a fine not exceeding
fifteen thousand rupees or to imprisonment not exceeding one year or to both;
and
(b) for any other offence under this section, to a
fine not exceeding three thousand rupees or to imprisonment not exceeding three
months or to both.]
[121][121][(2) If a person is convicted under this
section, the Magistrate may order that the cost, as certified by the Divisional
Canal Officer for removal of the obstruction or repairing the damage, shall be
payable by such convict and on his failure to pay such costs, the same may be
recovered as arrears of land revenue.]
[122][122][70-A. Compensation to persons injured.– (1) Whenever any person is fined for an
offence under this Act, the Court which imposes such fine, or which confirms,
in appeal or revision, a sentence of such fine or a sentence of which such fine
forms a part, may direct that the whole or any part of such fine, may be paid
as compensation to the injured person or as reward to the informant.
(2) If the fine be awarded by a Court,
whose decision is subject to appeal or
revision, the amount awarded by way of compensation or reward, as the case may
be, shall not be paid until the period prescribed for appeal or revision has
elapsed, and when an appeal or revision is filed, till the same is finally
disposed of.]
71. Saving of prosecution under other laws.– Nothing herein contained shall prevent any
person from being prosecuted under any other law for any offence punishable
under this Act:
Provided that no person shall be
punished twice for the same offence.
73. Power to arrest without warrant.– Any person in charge of or employed upon any
canal or drainage-work may remove from the lands or buildings belonging
thereto, or may take into custody without a warrant and take forthwith before a
Magistrate or to the nearest police station, to be dealt with according to law,
any person who, within his view, commits any of the following offences:-
(1) willfully
damages or obstructs any canal or drainage-work;
(2) without proper authority interferes with the supply or flow of water
in or from any canal or drainage-work, or in any river or stream, so as to
endanger, damage or render less useful any canal or drainage-work.
74. Definition of “Canal”.– In this Part, the word
“canal” shall (unless there be something repugnant in the subject or context)
be deemed to include also all lands occupied by [124][124][the Provincial Government] for the purposes of
canals, and all buildings, machinery, fences, gates and other erections, trees,
crops, plantations or other produce occupied by or belonging to [125][125][the Provincial Government] upon such lands.
PART XI
OF SUBSIDIARY RULES
75. Power to make, alter and cancel rules.– The [126][126][Provincial Government] may, from time to
time [127][127][* * *] make rules[128][128] to regulate the following matters:-
(1) the
proceedings of any officer who, under any provision of this Act, is required or
empowered to take action in any matter;
(2) the
cases in which, and the officers to whom and the conditions subject to which
orders and decisions given under any provision of this Act, and not expressly
provided for as regards appeal, shall be appealable;
(3) the
persons by whom, [129][129][and] the time, place or manner at or in
which anything for the doing of which provision is made under this Act shall be
done;
(4) the
amount of any charge made under this Act; and
(5) generally
to carry out the provisions of this Act.
[130][130][Rules made under clause (4) may be made to have
effect retrospectively from any date not earlier than the date on which water
has been supplied or the charge has otherwise become leviable under this Act].
Publication of rules.– The [131][131][Provincial Government] may from time to time
[132][132][* * *] alter or cancel any rules so made.
Such rules,
alterations and cancelments shall be published in the [133][133][Official Gazette], and shall thereupon have
the force of law.
SCHEDULE
[Rep. by the Repealing Act,
1873 (XII of 1873), s. I and Sch., Pt. II]
[1][1]For
statement of objects and reasons, see
Gazette of India, 1872, Pt. V, p. 651; for Reports of Select Committee, see ibid., p. 747 and ibid., Supplement 1873, p. 223; for
Proceedings in Council, see ibid., Supplement,
pp. 919, 956 and 1081; ibid., 1873,
Supplement, pp. 154, 156, 223, 246 and 279.
[2][2]The words “Northern India”
omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949).
[3][3]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[5][5]The words “Northern India”
omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949).
[6][6]Substituted
by the Federal Leased (Revision and Declaration) Act, 1951 (XXVI of 1951),
substituted for “West Punjab” which had been substituted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), schedule for “the
territories [which on the 11th February, 1873, were] respectively under the
Govt. of the Lieutenant-Governors of the North-Western Provinces and the Punjab
and under the Administration of the Chief Commissioners of Oudh and the Central
Provinces”. The bracketted words were substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “for the time
being”.
[7][7]The expression “; and applies to
all lands, whether permanently settled, temporarily settled, or free from
revenue” omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[10][10]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[12][12]Substituted for the semi-colon by
the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[13][13]The words, comma and the colon
“but does not include a Kareze not constructed at the cost of the Provincial
Government or the contribution of the provincial Government in the construction
whereof does not exceed rupees ten thousand, and not maintained or controlled
by the Provincial Government:” omitted ibid.
[14][14]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[16][16]Inserted by the Canal and
Drainage (West Pakistan Amendment) Act, 1968 (VII of 1968) and substituted by
the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[22][22]Substituted
for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of
2006).
[27][27]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for the “Local Government”.
[29][29]Added by the Canal and
Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and substituted by the
Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[30][30]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[31][31]Inserted by the Canal and
Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965).
[32][32]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the
Government”.
[34][34]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[43][43]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[45][45]Substituted for the words
“Application by persons desiring to use the canal-water” by the Canal and
Drainage (Amendment) Act 2006 (XVII of 2006).
[46][46]Substituted for the words
“Superintending Canal Officer”, by the West Pakistan (Adaptation of Laws)
Ordinance, 1962 (XXV of 1962).
[47][47]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[51][51]Substituted for the word “Commissioner” by the Canal
and Drainage (Amendment) Act 2006 (XVII of 2006).
[52][52]Substituted first by the
Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the
Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[53][53]Sections 20-A and 20-B added
by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).
[60][60]Substituted for the word “Commissioner” by the Canal
and Drainage (Amendment) Act 2006 (XVII of 2006).
[65][65]Substituted for the word “Commissioner” by the Canal
and Drainage (Amendment) Act 2006 (XVII of 2006).
[70][70]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[71][71]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[75][75]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[77][77]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[78][78]Substituted first by the
Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the
Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[79][79]Substituted for the words “the Divisional Canal
Officer” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[80][80]Substituted first by the
Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the Canal and Drainage (Amendment) Act 2006 (XVII of
2006).
[82][82]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[85][85]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[87][87]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[89][89]Substituted by the Northern
India Canal and Drainage (Amendment) Act, 1899 (XVI of 1899), for “or tenants”.
[90][90]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[91][91]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”
[93][93]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[96][96]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[97][97]The words, “and a statement
of the proportion of such cost, which the Provincial Government proposes to
defray”, deleted by the Canal and Drainage (West Pakistan Second Amendment)
Ordinance, 1970 (IV of 1970).
[98][98]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for the “Local Government”.
[99][99]Substituted by the Canal and
Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV of 1970).
[105][105]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for the “Local Government”
[107][107]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for the “Local Government”.
[110][110]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for the “Local Government”.
[111][111]The words, “with the previous
sanction of the G.G. in C”, repealed by the Decentralization Act, 1914 (IV of
1914).
[112][112]Section 66. “Liability
of labourers under requisition” omitted by the Canal and Drainage
(Amendment) Act 2006 (XVII of 2006).
[113][113]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “the Government”.
[114][114]Substituted first by the
Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the
Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[115][115]Added by the Canal and
Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and substituted by the
Canal and Drainage (Amendment) Act 2006 (XVII of 2006).
[123][123]Section
72. “Compensation to person injured” omitted by the Canal and Drainage
(Amendment) Act 2006 (XVII of 2006)
[124][124]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the
Government”.
[127][127]The words, “subject to the
control of the G.G., in C” repealed, by the Devolution Act 1920 (XXXVIII of
1920).
[128][128]For such rules made under this
power for various canals in the Punjab and the N.W.F.P. see Punjab Local Rules and Orders, and “Gazette of India”, 1907,
Pt. II, p.1065; ibid., 1908, Pt. II,
p.649.
[130][130]Added by the Canal and
Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965).
[131][131]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[132][132]The words, “subject to the
like control”, repealed by the Devolution Act 1920 (XXXVIII of 1920).
[133][133]Substituted, the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the words
“Local Official Gazette”.
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