Canal and Drainage Act,1873

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THE CANAL AND DRAINAGE ACT, 1873 
 
 
 
CONTENTS 
 
PART I 
PRELIMINARY 
 
1.  Short title 
Local extent  
 
2.  [Repealed.] 
 
3.  Interpretation-clause 
 
4.  Power to appoint officers 
 
PART II 
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES 
 
5.  Notification to issue when water-supply is to be applied for public purposes 
 
6.  Powers of Canal-officer 
 
7.  Notice as to claims for compensation 
 
8.  Damage for which compensation shall not be awarded 
 Matters in respect of which compensation may be awarded 
 
9.  Limitation of claims 
 
10.  Enquiry into claims and amount of compensation 
 
11.  Abatement of rent on interruption of water-supply 
 
12.  Enhancement of rent on restoration of water-supply 
 
13.  Compensation when due 
Interest 
 
 
 

 
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PART III 
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS 
 
14.  Power to enter and survey, etc. 
 Power to clear land 
 Power to inspect and regulate water-supply 
 Notice of intended entry into houses 
 Compensation for damage caused by entry  
 
15.  Power to enter for repairs and to prevent accidents 
 Compensation for damage to land 
 
16.  Application by persons desiring to use canal-water 
 Contents of application 
 Liability of applicants for cost of works 
 Recovery of amount due 
 
17.  Government to provide means of crossing canals 
 
18.  Persons using water course to construct works for passing water across roads, etc. 
 If they fail, Canal-officer may construct, and recover cost 
 
19.  Adjustment of claims between persons jointly using water-course 
 Recovery of amount found due 
 
20.  Supply of water through intervening water-course 
 
21.  Application for construction of new water-course 
 
22.  Procedure of Canal-officer thereupon 
 
23.  Application for transfer of existing water-course 
 Procedure thereupon 
 
24.  Objections to construction or transfer applied for 
 
25.  When applicant may be placed in occupation 
 
26.  Procedure when objection is held valid 
 
27.  Procedure when Canal-officer disagrees with Collector 
 
28.  Expenses to be paid by applicant before receiving occupation 
 Procedure in fixing compensation 
 Recovery of compensation and expensess 
 
29.  Conditions binding on applicant placed in occupation 
 
30.  Procedure applicable to occupation for extensions and alterations 
 
 
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PART IV 
OF THE SUPPLY OF WATER 
 
31.  In absence of written contract, water-supply to be subject to rules 
 
32.  Conditions as to___ 
 Power to stop water-supply ; 
 claims to compensation in case of failure or stoppage of supply ; 
 claims on account of interruption from other causes ; 
 duration of supply ; 
 sale or subletting of right to use canal water ; 
 transfer, with land, of contracts for water 
 No right acquired by user 
 
PART V 
OF WATER-RATES 
 
33.  Liability when person using unauthorizedly cannot be identified 
 
34.  Liability when water runs to waste 
 
35.  Charges recoverable in addition to penalties 
 Decision of questions under sections 33 and 34 
 
36.  Charge on occupier for water, how determined 
 “Occupier’s rate” 
 
37.  “Owner’s rate” 
 
38.  Amount of owner’s rate 
 
39.  Owner’s rate, when not chargeable 
 
40.  When occupier is to pay both owner’s rate and occupier’s rate 
 
41. Power to make rules for apportioning owner’s rate 
 
42.  When owner is to pay owner’s rate 
 
43.  Effect of introduction of canal irrigation on landlord’s right to enhance 
 
44.  Water-rate by whom payable when charged on land held by several owners 
 
RECOVERY OF CHARGES 
 
45.  Certified dues recoverable as land-revenue 
 
46.  Power to contract for collection of canal-dues 
 
47.  Lambardars may be required to collect canal-dues 
 
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48.  Fines excluded from sections 45,46,47 
 
PART VI 
OF CANAL-NAVIGATION 
 
49.  Detainer of vessels violating rules 
 Liability of owners of vessels causing damage 
 
50.  Recovery of fines for offences in navigating canals 
 
51.  Power to seize and detain vessel on failure to pay charges 
 
52.  Power to seize cargo or goods, if charges due thereon are not paid 
 
53.  Procedure for recovery of such charges after seizure 
 
54.  Procedure in respect of vessels abandoned and goods unclaimed 
 Disposal of proceeds of sale 
 
PART VII 
OF DRAINAGE 
 
55.  Power to prohibit obstructions or order their removal 
 
56.  Power to remove obstructions after prohibition 
 
57.  Preparation of schemes for works of improvement 
 
58.  Powers of persons employed on such schemes 
 
59.  Rate on lands benefited by works 
 
60.  Recovery of rate 
 
61.  Disposal of claims to compensation 
 
62.  Limitation of such claims 
 
PART VIII 
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS 
 
63.  Definition of “labourer” 
 
64.  Power to prescribe number of labourers to be supplied by persons benefited by canal 
 
65.  Procedure for obtaining labour for works urgently required 
 
66.  Liability of labourers under requisition 
 
 
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PART IX 
OF JURISDICTION 
 
67.  Jurisdiction under this Act of Civil Courts 
 
68.  Settlement of differences as to mutual rights and liabilities of persons interested in 
 water-course 
69.  Power to summon and examine witnesses 
 
PART X 
OF OFFENCES AND PENALTIES 
 
70.  Offences under Act 
 Penalty 
 
71.  Saving of prosecution under other laws 
 
72.  Compensation to person injured 
 
73.  Power to arrest without warrant 
 
74.  Definition of “canal” 
 
PART XI 
OF SUBSIDIARY RULES 
 
75.  Power to make, alter and cancel rules 
Publication of rules 
 
SCHEDULE.—[Repealed.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE CANAL AND DRAINAGE ACT, 1873 
 
*1Act No. VIII OF 1873 
 
 [11th February, 1873] 
 
An Act to regulate Irrigation, Navigation and Drainage 2* * * 
 
 Preamble. WHEREAS, throughout the territories to which this Act extends, 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 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 
 
 1. Short title.—This Act may be called the 4* * Canal and Drainage Act, 1873. 
 
 Local extent. It extends to 5[the Punjab]; and applies to all lands, whether permanently settled, 
temporarily settled, or free from revenue. 
 
 6* * * * * * * 
 
 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 :– 
 
 
lFor 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. 54,156,223,246 and 
279. 
This Act has been extended and amended in its application to the Divisions of Quetta and Kalat by West Pakistan Ord. No. 24 of 1964, ss. 2 and 3 (with 
effect from the 11th April, 1964). 
The Act has been amended in the N.W.F.P. by N.W.F.P. Acts 3 of 1938 and 13 of 1948. 
It has been declared not to apply to any canal which is included for the time being under Sch. I or Sch. II to the Punjab Minor Canals Act, 1905 (Pun Act 
3 of 1905), see s. 2 (3) of that Act. 
It has also been amended in its application to the Province of Punjab, see Punjab Act No. XIV of 1952, ss. 2 and 3. 
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications 
and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may 
be notified; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
The Act, as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974, has been 
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, by N.W.F.P. Regulation No. II of 
1974, s.3 . 
This Act has been amended to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 5 and Sch. IV. 
This Act has been repealed in its application to the Province of Balochistan, by Balochistan Ordinance No. 20 of 1980. s. 73. 
2The words “in Northern India” omitted by A.O., 1949, Sch. 
3Subs. by A.O., 1937, for “the Govt.”. 
*This act also been amended in its application to the province of N.W.F., by N.W.F.P., Ordinance No. V of 1980. 
4The words “Northern India” omitted by A. O., 1937, Sch. 
5Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s, 8, for “West Punjab” which had been subs. by A.O., 1949, Sch 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  subs. by A.O., 1937, 
for “ for the time being”. 
6Commencement clause rep. by the Repealing Act, 1874 (16 of 1874), s.1 Sch. 
 
 
 
 
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 (1) “Canal”.— “Canal” includes— 
 
 (a)  all canals, channels and reservoirs constructed, maintained or controlled by 
1[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 2[Provincial Government] has applied the 
provisions of Part II of this Act ; 
 
(2) “Water-course”.—“water-course” means any channel which is supplied with water from a canal, 
but which is not maintained at the cost of 1[the Provincial Government], and all subsidiary works 
belonging to any such channel : 
 
(3) “Drainage-work”.—“drainage-work” includes escape-channels from a canal, dams, weirs, 
embankments, sluices, groins and other works for the protection of lands from flood or from erosion, 
formed or maintained by 3[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(4) “Vessel”.– “vessel” includes boats, rafts, timber and other floating bodies : 
 
 
5(5) “Commissioner”.—“Commissioner” means a Commissioner of a division, and includes any 
officer appointed under this Act to exercise all or any of the powers of a Commissioner : 
 
6(6) “ Collector”.—“Collector” means the head revenue -officer of a district and includes a Deputy 
Commissioner or other officer appointed under this Act to exercise all or any of the powers of a 
Collector : 
 
(7) “Canal-officers”.—“Canal-officer” means an officer appointed under this Act to exercise control 
or jurisdiction over a canal or any part thereof : 
 
 “Superintending Canal -officer”.—“Superintending Canal -officer” means an officer exercising 
general control over a canal or portion of a canal : 
 
 “Divisional Canal-officer”.—“Divisional Canal-officer” means an officer exercising control over a 
division of a canal : 
 
 “Sub-divisional Canal -officer”.—“Sub-Divisional Canal -officer” means an officer exercising 
control over a sub-division of a canal : 
 
(8) “District”.—“district” means a district as fixed for revenue-purposes. 
 
1Subs. by A. O., 1937, for “Govt.”. 
2Subs. ibid., for “L. G.”. 
3Subs. ibid. for “the Govt.”. 
4Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (56). 
5In the N.W.F.P., for “Commissioner” read “Revenue Commissioner”, see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6 (1)(f). 
6Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (10). 
 
 
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 4. Power to appoint officers. The 1[Provincial Government] may from time to time declare, 
by notification2 in the official Gazette, the officers by whom, and the local limits within which, all or 
any of the owers or duties hereinafter conferred or imposed shall be exercised or performed. 
 
 All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of 
such officers as the 1[Provincial Government] from time to time directs. 
 
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 1[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, should be applied 
or used by 3[the Provincial Government] for the purpose of any existing or projected canal or 
drainage-work, the 1[Provincial Government] may, by notification4 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-officer.—At any time after the day so named, any Canal-officer, acting 
under the orders of the 1[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 conveni ent places, stating that 3[the 
Provincial Gov ernment] 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. 
 
 8. Damage for which compensation shall not be awarded. —No compensation shall be 
awarded for any damage caused by— 
 
(a)  stoppage or diminution of percolation or floods ; 
 
(b)  deterioration of climate or soil ; 
 
(c)  stoppage of navigation, or of the means of drifting timber or watering cattle ; 
 
(d)  displacement of labour. 
 
 Matters in r espect of which compensation may be awarded. —But compensation may be 
awarded in respect of any of the following matters :— 
 
(e)  stoppage or diminution of supply of water through any natural channel to any 
defined artificial channel, whether be above or un der ground, in use at the date 
of the said notification ; 
 
1Subs. by A. O.,1937, for “L. G.”. 
2For such notifications, see the Punjab R. and O. 
3Subs. by A.O., 1937, for “the Govt.”. 
4For such notifications issued in respect of certain rivers in the Punjab, see the Punjab R. and O. 
 
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(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 within the five years next before the 
date of the said notification; 
 
(h)  damage done in respect of any right to a water-course or the use of any water to 
which any person is entitled under the 3[Limitation Act, 1908, (IX of 1908)], 
Part IV ; 
 
 (i)  any other substantial damage, not falling under any of the above clauses (a), 
(b), (c) or (d), and caused by the exercise of the powers conferred by this Act, 
which is capable of being ascertained and estimated at the time of awarding 
such compensation.   
 
 In determining the amount of such compensation, regard shall be had to the diminution in the 
market-value, at the time of awarding compensation, of the property in respect of which compensation 
is claimed ; and, where such market-value is not ascertainable, the amount shall be reckoned at twelve 
times the amount of the diminution of the annual net profits of such property caused by the exercise of 
the powers conferred by this Act. 
 
 No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section, in 
respect of a work or channel not in use at the date of the notification, shall be acquired as against 1[the 
Provincial Government], except by grant or under the 5[Limitation Act, 1908 (IX of 1908)], Part IV; 
 
 and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall 
be acquired, as against l[the Provincial Government], under the same Part. 
 
 9. Limitation of claim s.—No claim for compensation for any such stoppage, dimi nution or 
damage shall be made after the expiration of one year from such stoppage, diminution or damage 
unless the Collector is satisfied that the claimant had sufficient cause for not making the cl aim within 
such period. 
 
 10. Enquiry into claims and amount of compensation. —The Collector shall proceed to 
enquire into any such claim, and to determine the amount of compensation, if any, which should be 
given to the claimant  ; and sections 3[9 to 13 (i nclusive), 19 to 20 (inclusive), and 22,25 to 27 
(inclusive), 29 to 31 (inclusive), 45,51,52,54 and 55 of the Land Acquisition Act, 1894 (I of 1894)] , 
shall apply to such inquiries: 
 
 Provided that, instead of the last clause of the said section 26, the fo llowing shall be read  :— 
“The provisions of this section and of section 8 of the 4* * Canal and Drainage Act, 1873, shall be 
read to every assessor in a language which he understands, before he gives his opinion as to the 
amount of compensation to be awarded” . 
 
1Subs. by A. O., 1937 for “the Govt.”. 
2See now the Limitation Act, 1908 (9 of 1908).   
3Subs by ord. XXVII of 1981. s.5  and Sch IV only to the extent of (Islamabad Capital Territory). 
4The words” Northern India” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and 2nd Sch. 
5Subs. by Ordinance XXVII of 1981, s. 3 and Sch. IV (only to the extent of Islamabad Capital Territory). 
 
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 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, in respect of which compensation is allowed under 
section 8, 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. 
 
 13. Compensation when due.—All sums of money payable for compensation under this Part 
shall become due three months after the claim for such compensation is made in respect of the 
stoppage, diminution or damage complained of, 
 
 Interest. and simple interest at the rate of six per cent. per annum shall be allowed on any 
such sum remaining unpaid after the said three months, except where the non-payment of such sum is 
caused by the wilful neglect or refusal of the claimant to receive the same. 
 
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 
 
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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. 
 
 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 which may be necessary for the purpose of repairing or preventing such accident. 
 
 Compensation for damage of 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 l[Provincial Government] had directed 
the occupation of the lands under section 2[35 of the Land Acquisition Act, 1894 (I of 1894)]. 
 
 16. Application by persons desiring to use canal -water. Any persons desiring to use the 
water of any canal may apply in wr iting 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 
approximate 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 Superintending Canal -
officer 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 applica tion, 
and not paid to the Divisional Canal -officer, or the person authorised b y 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 
l[the Provincial Government], suitable means of crossing canals constructed or maintained at the cost 
of l[the Provincial Government], at such places as the 3[Provincial Government] thinks necessary for 
the reasonable convenience of the inhabitants of the adjacent lands. 
 
 
1Subs. by A. O., 1937, for “L.G.”. 
See now the Land Acquisition Act, 1894 (1 of 1894) s. 35. 
2Subs. by Ord XXVII of 1981, s.5 and Sch IV (only to the extent of Islamabad Capital Territory). 
3Subs. by A. O., 1937, for “L.G.”. 
 
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 On receiving a statement in writing, signed by not less than five of the owners of such lands, 
to the effect that suitable crossings have not been provided on any canal, the Collector shall cause 
enquiry to be made into the circumstances of the case, and if he thinks that the statement is 
established, he shall report his opinion thereon for the consideration of the 1[Provincial Government] 
and the 1[Provincial Government] shall cause such measures in reference thereto to be taken as it 
thinks proper. 
 
 18. Persons using water course to construct works for passing water across roads, etc. 
The Divisional Canal-officer may issue an order to the persons using any water-course to construct 
suitable bridges, culverts or other works for the passage of the water of such watercourse 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 wi th others for the construction or maintenance of a water -course, or jointly 
making of 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 receiv ing 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 fort night 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 2Commissioner, whose order thereon shall be final. 
 
 Recovery of amount found due. Any sum directed by such order to be paid within a speci -
fied 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. 
 
 20. Supply of water through intervening water -course. Whenever application is made to a 
Divisional Canal-officer for a supply of water from a canal, and it appears to him expedient that such 
supply should be given and that it should be conveyed through some existing water -course, he shall 
give notice to the persons responsible for the maintenance of such water -course to show cause, on a 
day not less than fourteen days from the date of such notice, why the s aid supply should not be so 
conveyed: and, after making enquiry on such day, the Divisional Canal -officer shall determine 
whether and on what conditions the said supply shall be conveyed through such water-course. 
 
1Subs. by A. O., 1937, for “L.G.”. 
2In the N.W.F.P., for” Commissioner” read” Revenue Commissioner”,  see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6(1)  (f). 
 
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 When such officer determines that a supply of canal-water may be conveyed through any 
water-course as aforesaid, his decision shall, when confirmed or modified by the Superintending 
Canal-officer, be binding on the applicant and also on the persons responsible for the maintenance of 
the said water-course. 
 
 Such applicant shall not be entitled to use such water-course until he has paid the expense of 
any 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. 
 
 Such applicant shall also be liable for his share of the cost of maintenance of such water-
course so long as he uses it. 
 
 21. Application for construction of new water-course. Any person desiring the construction 
of a new water-course may apply in writing to the Divisional Canal-officer, stating— 
 
 (1) that he has endeavoured unsuccessfully to acquire, from the owners of the land through 
which he desires such water-course to pass, a right to occupy so much of the land as will be needed 
for such water-course ; 
 
 (2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things 
necessary for acquiring such right; 
 
 (3) that he is able to defray all costs involved in acquiring such right and constructing such 
water-course. 
 
 22. Procedure of Canal-officer thereupon.—If the Divisional Canal-officer considers— 
 
 (1) that the construction of such water-course is expedient, and 
 
 (2) 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 the cost of the preliminary proceedings, and the amount of any compensation 
which he considers likely to become due under section 28 ; 
 
 and, upon such deposit being made, he shall cause enquiry to be made into the most suitable 
alignment for the said water-course, and shall mark out the land which, in his opinion, it will be 
necessary to occupy for the construction thereof, and shall forthwith publish a notice in every village 
through which the water -course is proposed to be taken, 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 situate. 
 
 23. Application for transfer of existing water-course. Any person desiring that an existing 
water-course should be transferred from its present owner to himself may apply in writing to the 
Divisional Canal-officer, stating— 
 
 (1) that he has endeavoured unsuccessfully to procure such transfer from the owner of such 
water-course ; 
 
Page 14 of 27 
 
 (2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things 
necessary for procuring such transfer; 
 
 (3) that he is able to defray the cost of such transfer. 
 
 Procedure thereupon. If the Divisional Canal-officer considers— 
 
(a)  that the said transfer is necessary for the better management of the irrigation 
from such water-course, and 
 
(b) 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 the cost of the preliminary proceedings, and the amount of any compensation that 
may become due under the provisions of section 28 in respect of such transfer ; 
 
and upon such deposit being made, he shall publish a notice of the application in every village, 
and shall send a copy of the notice to the Collector of every district through which such water-course 
passes. 
 
 24. Objections to construction or transfer applied for. Within thirty days from the 
publication of a notice under section 22 or section 23, as the case may be, any person interested in the 
land or water-course to which the notice refers may apply to the Collector by petition, stating his 
objection to the construction or transfer for which application has been made. 
  
 The Collector may either reject the petition or may proceed to inquire into the validity of the 
objection, giving previous notice to the Divisional Canal-officer of the place and time at which such 
inquiry will be held. 
 
The Collector shall record in writing all orders passed by him under this section and the grounds 
thereof. 
 
 25. When applicant may be placed in occupation. If no such objection is made, or (where 
such objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-
officer to that effect, and shall proceed forthwith to place the said applicant in occupation of the land 
marked out or of the water-course to be transferred, as the case may be. 
 
 26. Procedure when objection is held valid. If the Collector considers any objection made as 
aforesaid to be valid he shall inform the Divisional Canal-officer accordingly ; and, if such officer 
sees fit, he may, in the case of an application under section 21, alter the boundaries of the land so mar-
ked out, and may give fresh notice under section 22; and the procedure hereinbefore provided shall be 
applicable to such notice, and the Collector shall thereupon proceed as before provided. 
 
 27. Procedure when Canal-officer disagrees with Collector. If the Canal-officer disagrees 
with the Collector, the matter shall be referred for decision to the 1Commissioner. 
 
Such decision shall be final, and the Collector, if he is so directed by such decision, shall, subject to 
the provisions of section 28, cause the said applicant to be placed in occupation of the land so marked 
out or of the water-course to be transferred, as the case may be. 
1In the N.W.F.P. for “Commissioner” read “Revenue Commissioner” see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6(1) (f). 
  
 
 
 
Page 15 of 27 
 
 28. Expenses to be paid by applicant before receiving occupation. No such applicant shall 
be placed in occupation of such land or water-course until he has paid to the person named by the 
Collector such amount as the Collector determines to be due as compensation for the land or water-
course 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. 
 
 Procedure in fixing compensation. In determining the compensation to be made under 
section the Collector shall proceed under the provisions of the 1[Land Acquisition Act, 1894 (1 of 
1894)] ; but he may, if the person to be compensated desires, award such compensation in the form of 
a rent-charge payable in respect of the land or water-course occupied or transferred. 
 
 Recovery of compensation and expenses. If such 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. 
 
 29. Conditions binding on applicant placed in occupation. When a ny such applicant is 
placed in occupation of land or of a water-course as aforesaid, the following rules and conditions shall 
be binding on him and his representative in interest : 
 
 First.___ All works necessary for the passage across such water -course, or water -courses, 
existing previous to its construc tion and of the drainage intercepted by it, and for affording proper 
communications across it for the convenience of the neighboring 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 occupied for a water -course under the provi sions of section 22 shall be used 
only for the purpose of such water-course. 
 
 Third.___ The proposed water-course 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 water -course is trans ferred on the terms of a rent -
charge. 
 
 Fourth.___ The applicant or his representative in interest shall, so long as he occupies such 
land or water -course, pay rent for the same at such rate and on such days as are deter mined by the 
Collector when the applicant is placed in occupation. 
 
 Fifth.___ If the right to occupy the land cease owing to a breach of any of these 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 pai d, 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 compensa tion ; 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 six 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. 
 
1Subs. by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of Islamabad Capital Territory). 
 
 
Page 16 of 27 
 
 If any of the rules and conditions prescribed by this section are not complied with, 
 
 or if any water-course 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 such land or water-
course shall cease absolutely. 
 
 30. Procedure applicable to occupation for extensions and alterations.—The procedure 
hereinbefore provided for the occupation of land for the construction of a water-course shall be 
applicable to the occupation of land for any extension or alteration of a water-course, and for the 
deposit of soil from water-course clearances. 
 
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 
l[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; (a) The Divisional Canal-officer may not stop the supply of 
water to any water-course, 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 l[Provincial 
Government]; 
 
(2) whenever and so long as any water-course 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 2[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 2[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 
l[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 : 
lSubs. by A. O., 1937, for “L. G.”. 
2Subs. ibid., for “the Govt.”. 
 
Page 17 of 27 
 
 (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 of 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 water-course for the irrigation of the land held by such tenant: 
 
 Transfer, with land, of contracts for water. But all contracts made between l[he Provincial 
Government] and the owner or occupier of any immoveable 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 2Indian Limitation Act, 1877(XV of 1877), Part IV, nor shall 
1[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 
 
 33. Liability when person using unauthorisedly cannot be identified. If water supplied 
through a water-course be used in an unauthorized manner, and if the person by whose act or neglect 
such use has occurred cannot be identified, 
 
 the person on whose land such water has flowed if such land has derived benefit therefrom, 
 
 or if such person cannot be identified or if such land has not derived benefit therefrom, all the 
persons chargeable in respect of the water supplied through such water-course, shall be liable, or 
jointly liable, as the case may be, to the charges made for such use. 
 
 34. Liability when water runs to waste. If water supplied through a water-course be suffered 
to run to waste, and if, after enquiry by the Divisional Canal-officer, 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 water-course shall be jointly liable for the charges made in 
respect of the water so wasted. 
 
 35. Charges recoverable in addition to penalties. All charges for the unauthorised use or for 
waste of water may be recovered in addition to any penalties incurred on account of such use or 
waste. 
 
 Decision of questions under sections 33 and 34. All questions under section 33 or section 34 
shall be decided by the Divisional Canal-officer, subject to an appeal to the Head Revenue-officer of 
the district, or such other appeal as may be provided under section 75. 
 
1Subs. by A. O., 1937, for “Govt.”. 
2See now the Limitation Act, 1908 (9 of 1908). 
 
Page 18 of 27 
 
 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 rulesl to be 
made by the 2[Provincial Government], and such occupiers as accept the water shall pay for it 
accordingly. 
 
 “Occupier’s rate”. A rate so charged shall be called the “occupier’s rate”. 
 
 3[The rules1 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 rules4 to be made by the 2[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 temporary 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. 
 
 540. When occupier is to pay both owner’s rate and occupier’s rate. If such land is 
occupied by the owner, 
 
or if it is occupied by a tenant whose rent is not liable to enhancement on the ground that the value of 
the produce of the land or the productive powers of the land has or have been increased by irrigation, 
such owner or tenant shall pay the owner’s rate as well as the occupier’s rate. 
 
 541. Power to make rules for apportioning owner’s rate. In the case of a tenant with a right 
of occupancy, the 2[Provincial Government] shall have power to make rules for dividing the owner’s 
rate between such tenant and his landlord, proportionately to the extent of the beneficial interest of 
each in the Land. 
 
 542. When owner is to pay owner’s rate. If the owner of the land is not the occupier, but has 
power to enhance the rent of the occupier on the ground that the value of the produce or the 
productive powers of the land has or have been increased by irrigation ; 
 
 or if, when the amount of a rent was fixed, the land was irrigated from the canal, 
       the owner shall pay the owner’s rate. 
 
1For instance of such notifications, see Punjab Gazette, 1903, Pt. I, pp. 223 and 224. 
2Subs. by A. O., 1937, for “L.G.”. 
3Ins. by the Northern India Canal and Drainage (Amdt.) Act, 1899 (16 of 1899), s. 2. 
4For rules for assessing owner’s rates, see the Punjab R. and O. 
5Ss. 40 to 43 have been rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and Sch. 
 
 
Page 19 of 27 
 
 143. Effect of introduction of canal irrigation on landlord’s right to enhance. If a revision 
of settlement is a ground for entertaining a suit for the enhancement of rent, the introduction of canal 
irrigation into any land shall have the same effect on the landlord’s right to re-enhance the rent of a 
tenant with a right of occupancy of such land, as if a revision of settlement had taken place, under 
which the revenue payable in respect of such land had been increased. 
 
 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 
 
 45. Certified dues recoverable as land-revenue. Any sum lawfully due under this Part, and 
certified by the Divisional Canal-officer to be so due, which remains unpaid after the day on which it 
becomes due, shall be recoverable by the Collector from the person liable for the same as if it were an 
arrear of land-revenue. 
 
 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 2[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 like manner by the 
Collector from such third party. 
 
 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 we re 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 subordi nate zemindars, raiyats, 3[tenants 
or sub-tenants], such lambardar or person may exercise the powers, and sha ll 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. 
 
 The 4[Provincial Government] shall provide— 
 
1Ss. 40 to 43 have been rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and Sch. 
2Subs. by A. O., 1937, for “the Govt.”. 
3Subs. by the Northern India Canal and Drainage (Amdt.) Act, 1899 (16 of 1899), s. 3, for” or “tenants”. 
4Subs. by A. O., 1937, for “L. G. “. 
 
Page 20 of 27 
 
(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 1[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 2[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 3[Code of Criminal Procedure, 1898 (Act V of 1898)] 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 vessel is not paid on demand to the person authorized 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 g oods, 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 pa id 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 seizure 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. 
 
1Subs. by A. O., 1937, for “L. G. “. 
2Subs. ibid., for “the Govt.”. 
3Subs. by Ord. XXVII of 1981, s.5 and Sch IV (only to the extent of Islamabad Capital Territory). 
 
Page 21 of 27 
 
 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 be 
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 tolls, 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 thereto 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 
l[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 
2notification 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 l[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. 
1Subs. by A. O., 1937, for” L. G. “. 
2For such notifications, see the Punjab R. and O. 
 
Page 22 of 27 
 
 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 
1[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 l[Provincial Government] may cause a scheme for such drainage-works to be drawn up and 
published, together with an estimate of its cost and a statement of the proportion of such cost which 
2[the Provincial Government] proposes to defray, 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 
l[Provincial Government] to draw up such scheme may exercise all or any of the powers conferred on 
the Canal-officers by section 14. 
 
 59. Rate on lands benefited by works. An annual rate, in respect of such scheme, may be 
charged, according to rules to be made by the 1[Provincial Government], on the owners of all lands 
which shall, in the manner prescribed by such rules, be determined to be so chargeable. 
 
 Such rate shall be fixed, as nearly as possible, so as not to exceed either of the following limits 
:— 
 
 (1) six per cent. per annum on the first cost of the said works, adding thereto the estimated 
yearly cost of the mainte nance and supervision of the same, and deducting there from the estimated 
income, if any, derived from the works, excluding the said rate : 
 
 (2) in the case of agricultural land, the sum which under the rules then in force for the 
assessment of land-revenue, might be assessed on such land on account of the increase of the annual 
value or produce thereof caused by the drainage-work. 
 
 Such rate may be varied from time to time, within such maxi mum, by the l[Provincial 
Government]. 
 
 So far as any defect to be remedied is due to any canal, water -course, road or other work or 
obstruction, constructed or caused by the l[Provincial Government] or by any person, a proportionate 
share of the cost of the drainage -works required for the remedy of the said defect shall be borne by 
such Government or such person, as the case may be. 
 
 60. Recovery of rate. Any such drainage -rate may be collected and r ecovered in manner 
provided by sections 45, 46 and 47 for the collection and recovery of water-rates. 
 
1Subs. by A. O., 1937, for” L. G. “. 
2Subs. ibid., for “the Govt.”. 
 
Page 23 of 27 
 
 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 cons-
truction of such work may be made before the Collector, and he shall deal with the same in the 
manner provided in section 10. 
 
 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. 
 
PART VIII 
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS 
 
 63. Definition of “labourer”.—For the purposes referred to in this Part, the word “labourer” 
includes persons who exercise any handicraft specified in rules to be made in that behalf by the 
l[Provincial Government]. 
 
 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 projected by 
2[the Provincial Government], the l[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 judgment of the Collector, benefited by such canal or 
drainage  work, and 
 
(b)  to set down in a list, having due regard to the circums tances of the districts and 
of the several proprietors, sub -proprietors or farmers, the number of 1abourers 
which shall be furnished by any of the said persons, jointly or severally, from 
any such village or estate, for employ ment 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 1[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 there of cannot be obtained in the 
ordinary manner within the t ime 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, ac cording to the said list he is liable to supp ly) 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— 
 
1Subs. by A. O., 1937, for “L. G.”. 
2Subs. ibid., for “Govt.”. 
 
 
Page 24 of 27 
 
(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 l[Provincial Government]. 
 
 The l[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. 
 
 2The l[Provincial Government] may 3* * * 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 canal 
drainage-work being stopped or so much interfered with as to stop the established course of irrigation 
or drainage. 
 
 66. Liability of labourers under requisition. —When any requisition has been made on any 
person named in the said list, every labourer ordinarily resident within the village or estate of such 
person shall be liable to supply, and to continue to supply, his labour, for the purposes aforesaid. 
 
PART IX 
OF JURISDICTION 
 
 67. Jurisdiction u nder this Act of Civil Courts. —Except where herein otherwise provided, 
all claims against l[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. 
 
 68. Settlement of differences as to mutual rights and liabilities of persons interested in 
water-course.—Whenever a difference arises between two or more persons in regard to t heir mutual 
rights or liabilities in respect of the use, construction or maintenance of a water -course, any such 
person may apply in writing to the Divisional Canal -officer stating the matter in dispute. Such officer 
shall thereupon give notice to the othe r persons interested that, on a day to be named in such notice, 
he will proceed to inquire into the said matter. And, after such inquiry, he shall pass his order thereon, 
unless he transfers (as he is hereby empowered to do) the matter to the Collector, wh o shall thereupon 
inquire into and pass his order on the said matter. 
 
1Subs. by A.O., 1937, for “L. G.”. 
2The paragraph has been repealed in the N.W.F.P. by N.W.F.P. Act, 3 of 1938. 
3The words “with the previous sanction of the G.G. in C.” rep. by the Decentralization Act, 1914 (4 of 1914). 
 
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 Such order shall be final as to the use or distribution of water for any crop sown or growing at 
the time when such order is made, and shall thereafter remain in force until set aside by the decree of 
a Civil Court. 
 
 69. Power to summon and examine witnesses.—Any officer empowered under this Act to 
conduct any inquiry may exercise all such powers connected with the summoning and examining of 
witnesses as are conferred on Civil Courts by the 1[Code of Civil Procedure, 1908 (Act V of 1908)], 
and every such inquiry shall be deemed a judicial proceeding. 
 
PART X 
OF OFFENCES AND PENALTIES 
 
 70. Offences under Act.—Whoever, without proper authority and voluntarily, does any of the 
acts following, that is to say :— 
 
 (1) damages, alters, enlarges or obstructs any canal 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 ; 
 
  (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) being responsible for the maintenance of a water course, or using a water -course, neglects 
to take proper pre cautions for the prevention  of waste of the water there of, or interferes with the 
authorised distribution of the water therefrom, or uses such water in an unauthorised manner ; 
 
 (5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which 
it is ordinarily used ; 
 
 (6) causes any vessel to enter or navigate any canal contrary to the rules for the time being 
prescribed by the 2[Provincial Government] for entering or navigating such canal ; 
 
 (7) while navigating on any canal, neglects to take p roper precautions for the safety of the 
canal and of vessels thereon ; 
 
 (8) being liable to furnish labourers under Part VIII of this Act, fails without reasonable cause, 
to supply or to assist in supplying the labourers required of him ; 
 
 (9) being a la bourer liable to supply his labour under Part VIII of this Act, neglects, without 
reasonable cause, so to supply, and to continue to supply, his labour ; 
 
 (10) destroys or moves any level -mark or water -gauge fixed by the authority of a public 
servant ; 
 
 (11) passes, or causes animals or vehicles to pass, on or across any of the works, banks or 
channels of a canal or drain age-work contrary to rules made under this Act, after he has been desired 
to desist therefrom; 
 
1Subs. by Ord XXVII of 1981, s. 5 and Sch IV (only to the extent of Islamabad Capital Territory).   
2Subs. by A. O., 1937, for “Govt.”. 
 
 
Page 26 of 27 
 
 (12) violates any rule made under this Act, for breach whereof a penalty may be incurred, 
 
 Panalty. shall be liable, on conviction before a Magistrate of such class as the l[Provincial 
Government] directs 2in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not 
exceeding one month, or to both. 
 
 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. 
 
 72. Compensation to person injured.—Whenever any person is fined for an offence under 
this Act, the Magistrate may direct that the whole or any part of such fine may be paid by way of 
compensation to the person injured by such 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) wilfully 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 ren der less useful any canal or 
drainage-work. 
 
 74. Definition  of “canal”.—In this Part the word “canal” shall (unless there be some thing 
repugnant in the subject or context) be deemed to include also all lands occupied by 3[the Provincial 
Government] for t he purposes of canals, and all buildings, machinery, fences, gates and other 
erections, trees, crops, plantations or other produce occupied by or belonging to 3[the Provincial 
Government] upon such lands. 
 
PART XI 
OF SUBSIDIARY RULES 
 
 75. Power to make, a lter and cancel rules. —The 1[Provincial Government] may, from time 
to time 4* * * make rules5 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 con ditions subject to which,  orders 
and decisions given under any provision of this Act, and not expressly provided for as regards appeal, 
shall be appealable; 
 
1Subs. by A. O., 1937, for “L.G.”. 
2For notification empowering Magistrates of the second class to try offences under this section, see Punjab Local Rules and Orders. 
3Subs. by A. O., 1937, for “L. G.”. 
4The words “subject to the control of the G.G. in C.” rep. by the Devolution Act, 1920 (38 of 1920). 
5For such rules, see the Punjab R. and O. 
 
 
 
Page 27 of 27 
 
 (3) the persons by whom, 1[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. 
 
 The 2[Provincial Government] may from time to time 3* * * alter or cancel any rules so made. 
 
 Publication of rules. Such rules, alterations and cancelments shall be published in the 
4[official Gazette], and shall thereupon have the force of law. 
 
SCHEDULE 
 
 [Rep. by the Repealing Act. 1873 (XII of 1873) s. 1 and Sch., Pt. II.] 
 
 
 
___________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16-09-2024 
1Ins. by the Amending Act, 1891 (12 of 1891). 
2Subs. by A. O., 1937, for “L.G.”. 
3The words “subject to the like control” rep. by Act 38 of 1920. 
4Subs. by A. O., 1937, for “local official Gazette”.