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  "title": "Canal and Drainage Act,1873",
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  "text": "Page 1 of 27 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE CANAL AND DRAINAGE ACT, 1873 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPART I \r\nPRELIMINARY \r\n \r\n1.  Short title \r\nLocal extent  \r\n \r\n2.  [Repealed.] \r\n \r\n3.  Interpretation-clause \r\n \r\n4.  Power to appoint officers \r\n \r\nPART II \r\nOF THE APPLICATION OF WATER FOR PUBLIC PURPOSES \r\n \r\n5.  Notification to issue when water-supply is to be applied for public purposes \r\n \r\n6.  Powers of Canal-officer \r\n \r\n7.  Notice as to claims for compensation \r\n \r\n8.  Damage for which compensation shall not be awarded \r\n Matters in respect of which compensation may be awarded \r\n \r\n9.  Limitation of claims \r\n \r\n10.  Enquiry into claims and amount of compensation \r\n \r\n11.  Abatement of rent on interruption of water-supply \r\n \r\n12.  Enhancement of rent on restoration of water-supply \r\n \r\n13.  Compensation when due \r\nInterest \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 27 \r\n \r\nPART III \r\nOF THE CONSTRUCTION AND MAINTENANCE OF WORKS \r\n \r\n14.  Power to enter and survey, etc. \r\n Power to clear land \r\n Power to inspect and regulate water-supply \r\n Notice of intended entry into houses \r\n Compensation for damage caused by entry  \r\n \r\n15.  Power to enter for repairs and to prevent accidents \r\n Compensation for damage to land \r\n \r\n16.  Application by persons desiring to use canal-water \r\n Contents of application \r\n Liability of applicants for cost of works \r\n Recovery of amount due \r\n \r\n17.  Government to provide means of crossing canals \r\n \r\n18.  Persons using water course to construct works for passing water across roads, etc. \r\n If they fail, Canal-officer may construct, and recover cost \r\n \r\n19.  Adjustment of claims between persons jointly using water-course \r\n Recovery of amount found due \r\n \r\n20.  Supply of water through intervening water-course \r\n \r\n21.  Application for construction of new water-course \r\n \r\n22.  Procedure of Canal-officer thereupon \r\n \r\n23.  Application for transfer of existing water-course \r\n Procedure thereupon \r\n \r\n24.  Objections to construction or transfer applied for \r\n \r\n25.  When applicant may be placed in occupation \r\n \r\n26.  Procedure when objection is held valid \r\n \r\n27.  Procedure when Canal-officer disagrees with Collector \r\n \r\n28.  Expenses to be paid by applicant before receiving occupation \r\n Procedure in fixing compensation \r\n Recovery of compensation and expensess \r\n \r\n29.  Conditions binding on applicant placed in occupation \r\n \r\n30.  Procedure applicable to occupation for extensions and alterations \r\n \r\n \r\nPage 3 of 27 \r\n \r\nPART IV \r\nOF THE SUPPLY OF WATER \r\n \r\n31.  In absence of written contract, water-supply to be subject to rules \r\n \r\n32.  Conditions as to___ \r\n Power to stop water-supply ; \r\n claims to compensation in case of failure or stoppage of supply ; \r\n claims on account of interruption from other causes ; \r\n duration of supply ; \r\n sale or subletting of right to use canal water ; \r\n transfer, with land, of contracts for water \r\n No right acquired by user \r\n \r\nPART V \r\nOF WATER-RATES \r\n \r\n33.  Liability when person using unauthorizedly cannot be identified \r\n \r\n34.  Liability when water runs to waste \r\n \r\n35.  Charges recoverable in addition to penalties \r\n Decision of questions under sections 33 and 34 \r\n \r\n36.  Charge on occupier for water, how determined \r\n “Occupier’s rate” \r\n \r\n37.  “Owner’s rate” \r\n \r\n38.  Amount of owner’s rate \r\n \r\n39.  Owner’s rate, when not chargeable \r\n \r\n40.  When occupier is to pay both owner’s rate and occupier’s rate \r\n \r\n41. Power to make rules for apportioning owner’s rate \r\n \r\n42.  When owner is to pay owner’s rate \r\n \r\n43.  Effect of introduction of canal irrigation on landlord’s right to enhance \r\n \r\n44.  Water-rate by whom payable when charged on land held by several owners \r\n \r\nRECOVERY OF CHARGES \r\n \r\n45.  Certified dues recoverable as land-revenue \r\n \r\n46.  Power to contract for collection of canal-dues \r\n \r\n47.  Lambardars may be required to collect canal-dues \r\n \r\nPage 4 of 27 \r\n \r\n \r\n48.  Fines excluded from sections 45,46,47 \r\n \r\nPART VI \r\nOF CANAL-NAVIGATION \r\n \r\n49.  Detainer of vessels violating rules \r\n Liability of owners of vessels causing damage \r\n \r\n50.  Recovery of fines for offences in navigating canals \r\n \r\n51.  Power to seize and detain vessel on failure to pay charges \r\n \r\n52.  Power to seize cargo or goods, if charges due thereon are not paid \r\n \r\n53.  Procedure for recovery of such charges after seizure \r\n \r\n54.  Procedure in respect of vessels abandoned and goods unclaimed \r\n Disposal of proceeds of sale \r\n \r\nPART VII \r\nOF DRAINAGE \r\n \r\n55.  Power to prohibit obstructions or order their removal \r\n \r\n56.  Power to remove obstructions after prohibition \r\n \r\n57.  Preparation of schemes for works of improvement \r\n \r\n58.  Powers of persons employed on such schemes \r\n \r\n59.  Rate on lands benefited by works \r\n \r\n60.  Recovery of rate \r\n \r\n61.  Disposal of claims to compensation \r\n \r\n62.  Limitation of such claims \r\n \r\nPART VIII \r\nOF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS \r\n \r\n63.  Definition of “labourer” \r\n \r\n64.  Power to prescribe number of labourers to be supplied by persons benefited by canal \r\n \r\n65.  Procedure for obtaining labour for works urgently required \r\n \r\n66.  Liability of labourers under requisition \r\n \r\n \r\nPage 5 of 27 \r\n \r\nPART IX \r\nOF JURISDICTION \r\n \r\n67.  Jurisdiction under this Act of Civil Courts \r\n \r\n68.  Settlement of differences as to mutual rights and liabilities of persons interested in \r\n water-course \r\n69.  Power to summon and examine witnesses \r\n \r\nPART X \r\nOF OFFENCES AND PENALTIES \r\n \r\n70.  Offences under Act \r\n Penalty \r\n \r\n71.  Saving of prosecution under other laws \r\n \r\n72.  Compensation to person injured \r\n \r\n73.  Power to arrest without warrant \r\n \r\n74.  Definition of “canal” \r\n \r\nPART XI \r\nOF SUBSIDIARY RULES \r\n \r\n75.  Power to make, alter and cancel rules \r\nPublication of rules \r\n \r\nSCHEDULE.—[Repealed.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 6 of 27 \r\n \r\nTHE CANAL AND DRAINAGE ACT, 1873 \r\n \r\n*1Act No. VIII OF 1873 \r\n \r\n [11th February, 1873] \r\n \r\nAn Act to regulate Irrigation, Navigation and Drainage 2* * * \r\n \r\n Preamble. WHEREAS, throughout the territories to which this Act extends, 3[the Provincial \r\nGovernment] is entitled to use and control for public purposes the water of all rivers and streams \r\nflowing in natural channels, and of all lakes and other natural collections of still water ; and whereas \r\nit is expedient to amend the law relating to irrigation, navigation and drainage in the said territories ; it \r\nis hereby enacted as follows :— \r\n \r\nPART I \r\nPRELIMINARY \r\n \r\n 1. Short title.—This Act may be called the 4* * Canal and Drainage Act, 1873. \r\n \r\n Local extent. It extends to 5[the Punjab]; and applies to all lands, whether permanently settled, \r\ntemporarily settled, or free from revenue. \r\n \r\n 6* * * * * * * \r\n \r\n 2. [Repeal of Acts.] Rep. by the Repealing Act, 1873 (XII of 1873), s. 1 and Sch., Pt.II. \r\n \r\n 3. Interpretation-clause.—In this Act, unless there be something repugnant in the subject or \r\ncontext :– \r\n \r\n \r\nlFor 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., \r\nSupplement, 1873, p. 223 ; for Proceedings in Council, see ibid., Supplement, pp. 919, 956 and 1081; ibid., 1873, Supplement, pp. 54,156,223,246 and \r\n279. \r\nThis 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 \r\neffect from the 11th April, 1964). \r\nThe Act has been amended in the N.W.F.P. by N.W.F.P. Acts 3 of 1938 and 13 of 1948. \r\nIt 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 \r\n3 of 1905), see s. 2 (3) of that Act. \r\nIt has also been amended in its application to the Province of Punjab, see Punjab Act No. XIV of 1952, ss. 2 and 3. \r\nIt 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 \r\nand 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 \r\nbe notified; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\nThe 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 \r\napplied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, by N.W.F.P. Regulation No. II of \r\n1974, s.3 . \r\nThis Act has been amended to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 5 and Sch. IV. \r\nThis Act has been repealed in its application to the Province of Balochistan, by Balochistan Ordinance No. 20 of 1980. s. 73. \r\n2The words “in Northern India” omitted by A.O., 1949, Sch. \r\n3Subs. by A.O., 1937, for “the Govt.”. \r\n*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. \r\n4The words “Northern India” omitted by A. O., 1937, Sch. \r\n5Subs. 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 \r\nterritories [which on the 11th February, 1873, were] respectively under the Govt. of the Lieutenant Governors of the North -Western Provinces and the \r\nPunjab, and under the administration of the Chief Commissioners of Oudh and the Central Provinces”. The bracketted words were  subs. by A.O., 1937, \r\nfor “ for the time being”. \r\n6Commencement clause rep. by the Repealing Act, 1874 (16 of 1874), s.1 Sch. \r\n \r\n \r\n \r\n \r\nPage 7 of 27 \r\n \r\n (1) “Canal”.— “Canal” includes— \r\n \r\n (a)  all canals, channels and reservoirs constructed, maintained or controlled by \r\n1[the Provincial Government] for the supply or storage of water ; \r\n \r\n(b)  all works, embankments, structures, supply and escape channels connected with \r\nsuch canals, channels or reservoirs ; \r\n \r\n(c)  all water-courses as defined in the second clause of this section ; \r\n \r\n(d)  all parts of a river, stream, lake or natural collection of water or natural \r\ndrainage-channel, to which the 2[Provincial Government] has applied the \r\nprovisions of Part II of this Act ; \r\n \r\n(2) “Water-course”.—“water-course” means any channel which is supplied with water from a canal, \r\nbut which is not maintained at the cost of 1[the Provincial Government], and all subsidiary works \r\nbelonging to any such channel : \r\n \r\n(3) “Drainage-work”.—“drainage-work” includes escape-channels from a canal, dams, weirs, \r\nembankments, sluices, groins and other works for the protection of lands from flood or from erosion, \r\nformed or maintained by 3[the Provincial Government] under the provisions of Part VII of this Act, \r\nbut does not include works for the removal of sewage from towns : \r\n \r\n4(4) “Vessel”.– “vessel” includes boats, rafts, timber and other floating bodies : \r\n \r\n \r\n5(5) “Commissioner”.—“Commissioner” means a Commissioner of a division, and includes any \r\nofficer appointed under this Act to exercise all or any of the powers of a Commissioner : \r\n \r\n6(6) “ Collector”.—“Collector” means the head revenue -officer of a district and includes a Deputy \r\nCommissioner or other officer appointed under this Act to exercise all or any of the powers of a \r\nCollector : \r\n \r\n(7) “Canal-officers”.—“Canal-officer” means an officer appointed under this Act to exercise control \r\nor jurisdiction over a canal or any part thereof : \r\n \r\n “Superintending Canal -officer”.—“Superintending Canal -officer” means an officer exercising \r\ngeneral control over a canal or portion of a canal : \r\n \r\n “Divisional Canal-officer”.—“Divisional Canal-officer” means an officer exercising control over a \r\ndivision of a canal : \r\n \r\n “Sub-divisional Canal -officer”.—“Sub-Divisional Canal -officer” means an officer exercising \r\ncontrol over a sub-division of a canal : \r\n \r\n(8) “District”.—“district” means a district as fixed for revenue-purposes. \r\n \r\n1Subs. by A. O., 1937, for “Govt.”. \r\n2Subs. ibid., for “L. G.”. \r\n3Subs. ibid. for “the Govt.”. \r\n4Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (56). \r\n5In 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). \r\n6Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (10). \r\n \r\n \r\nPage 8 of 27 \r\n \r\n 4. Power to appoint officers. The 1[Provincial Government] may from time to time declare, \r\nby notification2 in the official Gazette, the officers by whom, and the local limits within which, all or \r\nany of the owers or duties hereinafter conferred or imposed shall be exercised or performed. \r\n \r\n All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of \r\nsuch officers as the 1[Provincial Government] from time to time directs. \r\n \r\nPART II \r\nOF THE APPLICATION OF WATER FOR PUBLIC PURPOSES \r\n \r\n 5. Notification to issue when water supply is to be applied for public purposes.—\r\nWhenever it appears expedient to the 1[Provincial Government] that the water of any river or stream \r\nflowing in a natural channel, or of any lake or other natural collection of still water, should be applied \r\nor used by 3[the Provincial Government] for the purpose of any existing or projected canal or \r\ndrainage-work, the 1[Provincial Government] may, by notification4 in the official Gazette, declare that \r\nthe said water will be so applied or used after a day to be named in the said notification, not being \r\nearlier than three months from the date thereof. \r\n   \r\n 6. Powers of Canal-officer.—At any time after the day so named, any Canal-officer, acting \r\nunder the orders of the 1[Provincial Government] in this behalf, may enter on any land and remove \r\nany obstructions, and may close any channels, and do any other thing necessary for such application \r\nor use of the said water. \r\n \r\n 7. Notice as to claims for compensation. —As soon as is practicable after the issue of such \r\nnotification, the Collector shall cause public notice to be given at conveni ent places, stating that 3[the \r\nProvincial Gov ernment] intends to apply or use the said water as aforesaid, and that claims for \r\ncompensation in respect of the matters mentioned in section 8 may be made before him. \r\n \r\n 8. Damage for which compensation shall not be awarded. —No compensation shall be \r\nawarded for any damage caused by— \r\n \r\n(a)  stoppage or diminution of percolation or floods ; \r\n \r\n(b)  deterioration of climate or soil ; \r\n \r\n(c)  stoppage of navigation, or of the means of drifting timber or watering cattle ; \r\n \r\n(d)  displacement of labour. \r\n \r\n Matters in r espect of which compensation may be awarded. —But compensation may be \r\nawarded in respect of any of the following matters :— \r\n \r\n(e)  stoppage or diminution of supply of water through any natural channel to any \r\ndefined artificial channel, whether be above or un der ground, in use at the date \r\nof the said notification ; \r\n \r\n1Subs. by A. O.,1937, for “L. G.”. \r\n2For such notifications, see the Punjab R. and O. \r\n3Subs. by A.O., 1937, for “the Govt.”. \r\n4For such notifications issued in respect of certain rivers in the Punjab, see the Punjab R. and O. \r\n \r\nPage 9 of 27 \r\n \r\n(f)  stoppage or diminution of supply of water to any work erected for purposes of \r\nprofit on any channel, whether natural or artificial, in use at the date of the said \r\nnotification; \r\n \r\n(g)  stoppage or diminution of supply of water through any natural channel which \r\nhas been used for purposes of irrigation within the five years next before the \r\ndate of the said notification; \r\n \r\n(h)  damage done in respect of any right to a water-course or the use of any water to \r\nwhich any person is entitled under the 3[Limitation Act, 1908, (IX of 1908)], \r\nPart IV ; \r\n \r\n (i)  any other substantial damage, not falling under any of the above clauses (a), \r\n(b), (c) or (d), and caused by the exercise of the powers conferred by this Act, \r\nwhich is capable of being ascertained and estimated at the time of awarding \r\nsuch compensation.   \r\n \r\n In determining the amount of such compensation, regard shall be had to the diminution in the \r\nmarket-value, at the time of awarding compensation, of the property in respect of which compensation \r\nis claimed ; and, where such market-value is not ascertainable, the amount shall be reckoned at twelve \r\ntimes the amount of the diminution of the annual net profits of such property caused by the exercise of \r\nthe powers conferred by this Act. \r\n \r\n No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section, in \r\nrespect of a work or channel not in use at the date of the notification, shall be acquired as against 1[the \r\nProvincial Government], except by grant or under the 5[Limitation Act, 1908 (IX of 1908)], Part IV; \r\n \r\n and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall \r\nbe acquired, as against l[the Provincial Government], under the same Part. \r\n \r\n 9. Limitation of claim s.—No claim for compensation for any such stoppage, dimi nution or \r\ndamage shall be made after the expiration of one year from such stoppage, diminution or damage \r\nunless the Collector is satisfied that the claimant had sufficient cause for not making the cl aim within \r\nsuch period. \r\n \r\n 10. Enquiry into claims and amount of compensation. —The Collector shall proceed to \r\nenquire into any such claim, and to determine the amount of compensation, if any, which should be \r\ngiven to the claimant  ; and sections 3[9 to 13 (i nclusive), 19 to 20 (inclusive), and 22,25 to 27 \r\n(inclusive), 29 to 31 (inclusive), 45,51,52,54 and 55 of the Land Acquisition Act, 1894 (I of 1894)] , \r\nshall apply to such inquiries: \r\n \r\n Provided that, instead of the last clause of the said section 26, the fo llowing shall be read  :— \r\n“The provisions of this section and of section 8 of the 4* * Canal and Drainage Act, 1873, shall be \r\nread to every assessor in a language which he understands, before he gives his opinion as to the \r\namount of compensation to be awarded” . \r\n \r\n1Subs. by A. O., 1937 for “the Govt.”. \r\n2See now the Limitation Act, 1908 (9 of 1908).   \r\n3Subs by ord. XXVII of 1981. s.5  and Sch IV only to the extent of (Islamabad Capital Territory). \r\n4The words” Northern India” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and 2nd Sch. \r\n5Subs. by Ordinance XXVII of 1981, s. 3 and Sch. IV (only to the extent of Islamabad Capital Territory). \r\n \r\nPage 10 of 27 \r\n \r\n 11. Abatement of rent on interruption of water-supply.—Every tenant holding under an \r\nunexpired lease, or having a right of occupancy, who is in occupation of any land at the time when \r\nany stoppage or diminution of water-supply, in respect of which compensation is allowed under \r\nsection 8, takes place, may claim an abatement of the rent previously payable by him for the said land, \r\non the ground that the interruption reduces the value of the holding. \r\n \r\n 12. Enhancement of rent on restoration of water-supply.—If a water-supply increasing the \r\nvalue of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced, \r\nin respect of the increased value of such land due to the restored water-supply, to an amount not \r\nexceeding that at which it stood immediately before the abatement. \r\n \r\n Such enhancement shall be on account only of the restored water-supply, and shall not affect \r\nthe liability of the tenant to enhancement of rent on any other grounds. \r\n \r\n 13. Compensation when due.—All sums of money payable for compensation under this Part \r\nshall become due three months after the claim for such compensation is made in respect of the \r\nstoppage, diminution or damage complained of, \r\n \r\n Interest. and simple interest at the rate of six per cent. per annum shall be allowed on any \r\nsuch sum remaining unpaid after the said three months, except where the non-payment of such sum is \r\ncaused by the wilful neglect or refusal of the claimant to receive the same. \r\n \r\nPART III \r\nOF THE CONSTRUCTION AND MAINTENANCE OF WORKS \r\n \r\n 14. Power to enter and survey, etc. Any Canal officer, or other person acting under the \r\ngeneral or special order of a Canal-officer, \r\n \r\n may enter upon any lands adjacent to any canal, or through which any canal is proposed to be \r\nmade, and undertake surveys or levels thereon ; \r\n \r\n and dig and bore into the sub-soil ; \r\n \r\n and make and set up suitable land-marks, level-marks, and water-gauges ; \r\n \r\n and do all other acts necessary for the proper prosecution of any enquiry relating to any \r\nexisting or projected canal under the charge of the said Canal-officer ; \r\n \r\n Power to clear land. and, where otherwise such enquiry cannot be completed, such officer or \r\nother person may cut down and clear away any part of, any standing crop, fence or jungle ; \r\n \r\n Power to inspect and regulate water-supply. and may also enter upon any land, building or \r\nwater-course on account of which any water-rate is chargeable, for the purpose of inspecting or \r\nregulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable \r\nwith a water-rate, and of doing all things necessary for the proper regulation and management of such \r\ncanal : \r\n \r\n Notice of intended entry into houses.—Provided that, if such Canal-officer or person \r\nproposes to enter into any building or enclosed court or garden attached to a dwelling house not \r\n \r\nPage 11 of 27 \r\n \r\nsupplied with water flowing from any canal he shall previously give the occupier of such building, \r\ncourt or garden at least seven days’ notice in writing of his intention to do so. \r\n \r\n Compensation for damage caused by entry.—In every case of entry under this section, the \r\nCanal-officer shall, at the time of such entry, tender compensation for any damage which may be \r\noccasioned by any proceeding under this section ; and, in case of dispute as to the sufficiency of the \r\namount so tendered, he shall forthwith refer the same for decision by the Collector, and such decision \r\nshall be final. \r\n \r\n 15. Power to enter for repairs and to prevent accidents.—In case of any accident \r\nhappening or being apprehended to a canal any Divisional Canal-officer or any person acting under \r\nhis general or special orders in this behalf may enter upon any lands adjacent to such canal, and may \r\nexecute all works which may be necessary for the purpose of repairing or preventing such accident. \r\n \r\n Compensation for damage of land. In every such case such Canal-officer or person shall \r\ntender compensation to the proprietors or occupiers of the said lands for all damage done to the same. \r\nIf such tender is not accepted, the Canal-officer shall refer the matter to the Collector, who shall \r\nproceed to award compensation for the damage as though the l[Provincial Government] had directed \r\nthe occupation of the lands under section 2[35 of the Land Acquisition Act, 1894 (I of 1894)]. \r\n \r\n 16. Application by persons desiring to use canal -water. Any persons desiring to use the \r\nwater of any canal may apply in wr iting to the Divisional or Sub -divisional Canal -officer of the \r\ndivision or sub -division of the canal from which the water course is to be supplied, requesting such \r\nofficer to construct or improve a water-course at the cost of the applicants. \r\n \r\n Contents of application. The application shall state the works to be undertaken, their \r\napproximate estimated cost, or the amount which the applicants are willing to pay for  the same, or \r\nwhether they engage to pay the actual cost as settled by the Divisional Canal -officer, and how the \r\npayment is to be made. \r\n \r\n Liability of applicants for cost of works. When the assent of the Superintending Canal -\r\nofficer is given to such application, all the applicants shall, after the application has been duly attested \r\nbefore the Collector, be jointly and severally liable for the cost of such works to the extent mentioned \r\ntherein. \r\n \r\n Recovery of amount due. Any amount becoming due under the terms of such applica tion, \r\nand not paid to the Divisional Canal -officer, or the person authorised b y him to receive the same, on \r\nor before the date on which it becomes due, shall, on the demand of such officer, be recoverable by \r\nthe Collector as if it were an arrear of land-revenue. \r\n \r\n 17. Government to provide means of crossing canals. There shall be provided, at the cost of \r\nl[the Provincial Government], suitable means of crossing canals constructed or maintained at the cost \r\nof l[the Provincial Government], at such places as the 3[Provincial Government] thinks necessary for \r\nthe reasonable convenience of the inhabitants of the adjacent lands. \r\n \r\n \r\n1Subs. by A. O., 1937, for “L.G.”. \r\nSee now the Land Acquisition Act, 1894 (1 of 1894) s. 35. \r\n2Subs. by Ord XXVII of 1981, s.5 and Sch IV (only to the extent of Islamabad Capital Territory). \r\n3Subs. by A. O., 1937, for “L.G.”. \r\n \r\nPage 12 of 27 \r\n \r\n On receiving a statement in writing, signed by not less than five of the owners of such lands, \r\nto the effect that suitable crossings have not been provided on any canal, the Collector shall cause \r\nenquiry to be made into the circumstances of the case, and if he thinks that the statement is \r\nestablished, he shall report his opinion thereon for the consideration of the 1[Provincial Government] \r\nand the 1[Provincial Government] shall cause such measures in reference thereto to be taken as it \r\nthinks proper. \r\n \r\n 18. Persons using water course to construct works for passing water across roads, etc. \r\nThe Divisional Canal-officer may issue an order to the persons using any water-course to construct \r\nsuitable bridges, culverts or other works for the passage of the water of such watercourse across any \r\npublic road, canal or drainage-channel in use before the said water-course was made, or to repair any \r\nsuch works. \r\n \r\n Such order shall specify a reasonable period within which such construction or repairs shall be \r\ncompleted ; \r\n \r\n If they fail, Canal-officer may construct. and if, after the receipt of such order, the persons \r\nto whom it is addressed do not, within the said period, construct or repair such works to the \r\nsatisfaction of the said Canal-officer, he may, with the previous approval of the Superintending Canal-\r\nofficer, himself construct or repair the same ; \r\n \r\n And recover cost. and if the said persons do not, when so required, pay the cost of such \r\nconstruction or repairs as declared by the Divisional Canal officer, the amount shall, on the demand of the \r\nDivisional Canal-officer, be recoverable from them by the Collector as if it were an arrear of  land \r\nrevenue. \r\n \r\n 19. Adjustment of claims between persons jointly using water -course. If any person, \r\njointly responsible wi th others for the construction or maintenance of a water -course, or jointly \r\nmaking of use of a water -course with others, neglects or refuses to pay his share of the cost of such \r\nconstruction or maintenance, or to execute his share of any work necessary for  such construction or \r\nmaintenance, the Divisional or Sub -divisional Canal -officer, on receiv ing an application in writing \r\nfrom any person injured by such neglect or refusal, shall serve notice on all the parties concerned that, \r\non the expiration of a fort night from the service, he will investigate the case  ; and shall, on the \r\nexpiration of that period, investigate the case accordingly, and make such order thereon as to him \r\nseems fit. \r\n \r\nSuch order shall be appealable to the 2Commissioner, whose order thereon shall be final. \r\n \r\n Recovery of amount found due. Any sum directed by such order to be paid within a speci -\r\nfied period may, if not paid within such period, and if the order remains in force, be recovered by the \r\nCollector, from the person directed to pay the same, as if it were an arrear of land-revenue. \r\n \r\n 20. Supply of water through intervening water -course. Whenever application is made to a \r\nDivisional Canal-officer for a supply of water from a canal, and it appears to him expedient that such \r\nsupply should be given and that it should be conveyed through some existing water -course, he shall \r\ngive notice to the persons responsible for the maintenance of such water -course to show cause, on a \r\nday not less than fourteen days from the date of such notice, why the s aid supply should not be so \r\nconveyed: and, after making enquiry on such day, the Divisional Canal -officer shall determine \r\nwhether and on what conditions the said supply shall be conveyed through such water-course. \r\n \r\n1Subs. by A. O., 1937, for “L.G.”. \r\n2In 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). \r\n \r\nPage 13 of 27 \r\n \r\n When such officer determines that a supply of canal-water may be conveyed through any \r\nwater-course as aforesaid, his decision shall, when confirmed or modified by the Superintending \r\nCanal-officer, be binding on the applicant and also on the persons responsible for the maintenance of \r\nthe said water-course. \r\n \r\n Such applicant shall not be entitled to use such water-course until he has paid the expense of \r\nany alteration of such water-course necessary in order to his being supplied through it, and also such \r\nshare of the first cost of such water-course as the Divisional or Superintending Canal-officer may \r\ndetermine. \r\n \r\n Such applicant shall also be liable for his share of the cost of maintenance of such water-\r\ncourse so long as he uses it. \r\n \r\n 21. Application for construction of new water-course. Any person desiring the construction \r\nof a new water-course may apply in writing to the Divisional Canal-officer, stating— \r\n \r\n (1) that he has endeavoured unsuccessfully to acquire, from the owners of the land through \r\nwhich he desires such water-course to pass, a right to occupy so much of the land as will be needed \r\nfor such water-course ; \r\n \r\n (2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things \r\nnecessary for acquiring such right; \r\n \r\n (3) that he is able to defray all costs involved in acquiring such right and constructing such \r\nwater-course. \r\n \r\n 22. Procedure of Canal-officer thereupon.—If the Divisional Canal-officer considers— \r\n \r\n (1) that the construction of such water-course is expedient, and \r\n \r\n (2) that the statements in the application are true, \r\n \r\n he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers \r\nnecessary to defray the cost of the preliminary proceedings, and the amount of any compensation \r\nwhich he considers likely to become due under section 28 ; \r\n \r\n and, upon such deposit being made, he shall cause enquiry to be made into the most suitable \r\nalignment for the said water-course, and shall mark out the land which, in his opinion, it will be \r\nnecessary to occupy for the construction thereof, and shall forthwith publish a notice in every village \r\nthrough which the water -course is proposed to be taken, that so much of such land as belongs to such \r\nvillage has been so marked out, and shall send a copy of such notice to the Collector of every district \r\nin which any part of such land is situate. \r\n \r\n 23. Application for transfer of existing water-course. Any person desiring that an existing \r\nwater-course should be transferred from its present owner to himself may apply in writing to the \r\nDivisional Canal-officer, stating— \r\n \r\n (1) that he has endeavoured unsuccessfully to procure such transfer from the owner of such \r\nwater-course ; \r\n \r\nPage 14 of 27 \r\n \r\n (2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things \r\nnecessary for procuring such transfer; \r\n \r\n (3) that he is able to defray the cost of such transfer. \r\n \r\n Procedure thereupon. If the Divisional Canal-officer considers— \r\n \r\n(a)  that the said transfer is necessary for the better management of the irrigation \r\nfrom such water-course, and \r\n \r\n(b) that the statements in the application are true, \r\n \r\n he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers \r\nnecessary to defray the cost of the preliminary proceedings, and the amount of any compensation that \r\nmay become due under the provisions of section 28 in respect of such transfer ; \r\n \r\nand upon such deposit being made, he shall publish a notice of the application in every village, \r\nand shall send a copy of the notice to the Collector of every district through which such water-course \r\npasses. \r\n \r\n 24. Objections to construction or transfer applied for. Within thirty days from the \r\npublication of a notice under section 22 or section 23, as the case may be, any person interested in the \r\nland or water-course to which the notice refers may apply to the Collector by petition, stating his \r\nobjection to the construction or transfer for which application has been made. \r\n  \r\n The Collector may either reject the petition or may proceed to inquire into the validity of the \r\nobjection, giving previous notice to the Divisional Canal-officer of the place and time at which such \r\ninquiry will be held. \r\n \r\nThe Collector shall record in writing all orders passed by him under this section and the grounds \r\nthereof. \r\n \r\n 25. When applicant may be placed in occupation. If no such objection is made, or (where \r\nsuch objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-\r\nofficer to that effect, and shall proceed forthwith to place the said applicant in occupation of the land \r\nmarked out or of the water-course to be transferred, as the case may be. \r\n \r\n 26. Procedure when objection is held valid. If the Collector considers any objection made as \r\naforesaid to be valid he shall inform the Divisional Canal-officer accordingly ; and, if such officer \r\nsees fit, he may, in the case of an application under section 21, alter the boundaries of the land so mar-\r\nked out, and may give fresh notice under section 22; and the procedure hereinbefore provided shall be \r\napplicable to such notice, and the Collector shall thereupon proceed as before provided. \r\n \r\n 27. Procedure when Canal-officer disagrees with Collector. If the Canal-officer disagrees \r\nwith the Collector, the matter shall be referred for decision to the 1Commissioner. \r\n \r\nSuch decision shall be final, and the Collector, if he is so directed by such decision, shall, subject to \r\nthe provisions of section 28, cause the said applicant to be placed in occupation of the land so marked \r\nout or of the water-course to be transferred, as the case may be. \r\n1In 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). \r\n  \r\n \r\n \r\n \r\nPage 15 of 27 \r\n \r\n 28. Expenses to be paid by applicant before receiving occupation. No such applicant shall \r\nbe placed in occupation of such land or water-course until he has paid to the person named by the \r\nCollector such amount as the Collector determines to be due as compensation for the land or water-\r\ncourse so occupied or transferred, and for any damage caused by the marking out or occupation of \r\nsuch land, together with all expenses incidental to such occupation or transfer. \r\n \r\n Procedure in fixing compensation. In determining the compensation to be made under \r\nsection the Collector shall proceed under the provisions of the 1[Land Acquisition Act, 1894 (1 of \r\n1894)] ; but he may, if the person to be compensated desires, award such compensation in the form of \r\na rent-charge payable in respect of the land or water-course occupied or transferred. \r\n \r\n Recovery of compensation and expenses. If such compensation and expenses are not paid \r\nwhen demanded by the person entitled to receive the same, the amount may be recovered by the \r\nCollector as if it were an arrear of land-revenue, and shall, when recovered, be paid by him to the \r\nperson entitled to receive the same. \r\n \r\n 29. Conditions binding on applicant placed in occupation. When a ny such applicant is \r\nplaced in occupation of land or of a water-course as aforesaid, the following rules and conditions shall \r\nbe binding on him and his representative in interest : \r\n \r\n First.___ All works necessary for the passage across such water -course, or water -courses, \r\nexisting previous to its construc tion and of the drainage intercepted by it, and for affording proper \r\ncommunications across it for the convenience of the neighboring lands, shall be constructed by the \r\napplicant, and be maintained by him  or his representative in interest to the satisfaction of  the \r\nDivisional Canal-officer. \r\n \r\n Second.___ Land occupied for a water -course under the provi sions of section 22 shall be used \r\nonly for the purpose of such water-course. \r\n \r\n Third.___ The proposed water-course shall be completed to the satisfaction of the Divisional \r\nCanal-officer within one year after the applicant is placed in occupation of the land. \r\n \r\n In cases in which land is occupied or a water -course is trans ferred on the terms of a rent -\r\ncharge. \r\n \r\n Fourth.___ The applicant or his representative in interest shall, so long as he occupies such \r\nland or water -course, pay rent for the same at such rate and on such days as are deter mined by the \r\nCollector when the applicant is placed in occupation. \r\n \r\n Fifth.___ If the right to occupy the land cease owing to a breach of any of these rules, the \r\nliability to pay the said rent shall continue until the applicant or his representative in interest has \r\nrestored the land to its original condition, or until he has pai d, by way of compensation for any injury \r\ndone to the said land, such amount and to such persons as the Collector determines. \r\n \r\n Sixth.___ The Collector may, on the application of the person entitled to receive such rent or \r\ncompensation, determine the amount  of rent due or assess the amount of such compensa tion ; and, if \r\nany such rent or compensation be not paid by the applicant or his representative in interest, the \r\nCollector may recover the amount, with interest thereon at the rate of six per cent. per annum from the \r\ndate on which it became due, as if it were an arrear of land -revenue, and shall pay the same, when \r\nrecovered, to the person to whom it is due. \r\n \r\n1Subs. by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of Islamabad Capital Territory). \r\n \r\n \r\nPage 16 of 27 \r\n \r\n If any of the rules and conditions prescribed by this section are not complied with, \r\n \r\n or if any water-course constructed or transferred under this Act is disused for three years \r\ncontinuously, \r\n \r\n the right of the applicant, or of his representative in interest, to occupy such land or water-\r\ncourse shall cease absolutely. \r\n \r\n 30. Procedure applicable to occupation for extensions and alterations.—The procedure \r\nhereinbefore provided for the occupation of land for the construction of a water-course shall be \r\napplicable to the occupation of land for any extension or alteration of a water-course, and for the \r\ndeposit of soil from water-course clearances. \r\n \r\nPART IV \r\nOF THE SUPPLY OF WATER \r\n \r\n 31. In absence of written contract, water-supply to be subject to rules. In the absence of a \r\nwritten contract, or so far as any such contract does not extend, every supply of canal-water shall be \r\ndeemed to be given at the rates and subject to the conditions prescribed by the rules to be made by the \r\nl[Provincial Government] in respect thereof. \r\n \r\n 32. Conditions as to. Such contracts and rules must be consistent with the following \r\nconditions :— \r\n \r\n(a) power to stop water supply; (a) The Divisional Canal-officer may not stop the supply of \r\nwater to any water-course, or to any person, except in the following cases :___ \r\n \r\n(1) whenever and so long as it is necessary to stop such supply for the purpose of executing any \r\nwork ordered by competent authority and with the previous sanction of the l[Provincial \r\nGovernment]; \r\n \r\n(2) whenever and so long as any water-course is not maintained in such proper customary repair \r\nas to prevent the wasteful escape of water therefrom; \r\n \r\n(3) within periods fixed from time to time by the Divisional Canal-officer : \r\n \r\n (b) Claims to compensation in case of failure or stoppage of supply; No claim shall be \r\nmade against 2[the Provincial Government] for compensation in respect of loss caused by the failure \r\nor stoppage of the water in a canal, by reason of any cause beyond the control of 2[the Provincial \r\nGovernment] or of any repairs, alterations or additions to the canal, or of any measures taken for \r\nregulating the proper flow of water therein, or for maintaining the established course of irrigation \r\nwhich the Divisional Canal-officer considers necessary; but the person suffering such loss may claim \r\nsuch remission of the ordinary charges payable for the use of the water as is authorised by the \r\nl[Provincial Government] : \r\n \r\n (c) Claims on account of interruption from other causes; If the supply of water to any land \r\nirrigated from a canal be interrupted otherwise than in the manner described in the last preceding \r\nclause, the occupier or owner of such land may present a petition for compensation to the Collector \r\nfor any loss arising from such interruption, and the Collector may award to the petitioner reasonable \r\ncompensation for such loss : \r\nlSubs. by A. O., 1937, for “L. G.”. \r\n2Subs. ibid., for “the Govt.”. \r\n \r\nPage 17 of 27 \r\n \r\n (d) Duration of supply; When the water of a canal is supplied for the irrigation of a single \r\ncrop, the permission to use such water shall be held to continue only until that crop comes to maturity, \r\nand to apply only to that crop ; but, if it be supplied for irrigating two or more crops to be raised on \r\nthe same land within the year, such permission shall be held to continue for one year from the \r\ncommencement of the irrigation, and to apply to such crops only as are matured within that year : \r\n \r\n (e) Sale of subletting of right to use canal water ; Unless with the permission of the \r\nSuperintending Canal-officer, no person entitled to use the water of any canal, or any work, building \r\nor land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use : \r\n \r\n Provided that the former part of this clause shall not apply to the use by a cultivating tenant of \r\nwater supplied by the owner of a water-course for the irrigation of the land held by such tenant: \r\n \r\n Transfer, with land, of contracts for water. But all contracts made between l[he Provincial \r\nGovernment] and the owner or occupier of any immoveable property, as to the supply of canal-water \r\nto such property, shall be transferable therewith, and shall be presumed to have been so transferred \r\nwhenever a transfer of such property takes place : \r\n \r\n (f) No right acquired by user. No right to the use of the water of a canal shall be, or be \r\ndeemed to have been, acquired under the 2Indian Limitation Act, 1877(XV of 1877), Part IV, nor shall \r\n1[the Provincial Government] be bound to supply any person with water except in accordance with the \r\nterms of a contract in writing. \r\n \r\nPART V \r\nOF WATER-RATES \r\n \r\n 33. Liability when person using unauthorisedly cannot be identified. If water supplied \r\nthrough a water-course be used in an unauthorized manner, and if the person by whose act or neglect \r\nsuch use has occurred cannot be identified, \r\n \r\n the person on whose land such water has flowed if such land has derived benefit therefrom, \r\n \r\n or if such person cannot be identified or if such land has not derived benefit therefrom, all the \r\npersons chargeable in respect of the water supplied through such water-course, shall be liable, or \r\njointly liable, as the case may be, to the charges made for such use. \r\n \r\n 34. Liability when water runs to waste. If water supplied through a water-course be suffered \r\nto run to waste, and if, after enquiry by the Divisional Canal-officer, the person through whose act or \r\nneglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in \r\nrespect of the water supplied through such water-course shall be jointly liable for the charges made in \r\nrespect of the water so wasted. \r\n \r\n 35. Charges recoverable in addition to penalties. All charges for the unauthorised use or for \r\nwaste of water may be recovered in addition to any penalties incurred on account of such use or \r\nwaste. \r\n \r\n Decision of questions under sections 33 and 34. All questions under section 33 or section 34 \r\nshall be decided by the Divisional Canal-officer, subject to an appeal to the Head Revenue-officer of \r\nthe district, or such other appeal as may be provided under section 75. \r\n \r\n1Subs. by A. O., 1937, for “Govt.”. \r\n2See now the Limitation Act, 1908 (9 of 1908). \r\n \r\nPage 18 of 27 \r\n \r\n 36. Charge on occupier for water, how determined. The rates to be charged for canal-water \r\nsupplied for purposes of irrigation to the occupiers of land shall be determined by the rulesl to be \r\nmade by the 2[Provincial Government], and such occupiers as accept the water shall pay for it \r\naccordingly. \r\n \r\n “Occupier’s rate”. A rate so charged shall be called the “occupier’s rate”. \r\n \r\n 3[The rules1 hereinbefore referred to may prescribe and determine what persons or classes of \r\npersons are to be deemed to be occupiers for the purposes of this section, and may also determine the \r\nseveral liabilities, in respect of the payment of the occupier’s rate, of tenants and of persons to whom \r\ntenants may have sublet their lands or of proprietors and of persons to whom proprietors may have let \r\nthe lands held by them, in cultivating occupancy.] \r\n \r\n 37. “Owner’s rate”. In addition to the occupier’s rate, a rate to be called the “owner’s rate” \r\nmay be imposed, according to rules4 to be made by the 2[Provincial Government], on the owners of \r\ncanal irrigated lands, in respect of the benefit which they derive from such irrigation. \r\n \r\n 38. Amount of owner’s rate. The owner’s rate shall not exceed the sum which, under the \r\nrules for the time being in force for the assessment of land-revenue, might be assessed on such land \r\non account of the increase in the annual value or produce thereof caused by the canal-irrigation. And, \r\nfor the purpose of this section only, land which is permanently settled or held free of revenue shall be \r\nconsidered as though it were temporary settled and liable to payment of revenue. \r\n \r\n 39. Owner’s rate, when not chargeable. No owner’s rate shall be chargeable either on the \r\nowner or occupier of land temporarily assessed to pay land-revenue at irrigation-rates, during the \r\ncurrency of such assessment. \r\n \r\n 540. When occupier is to pay both owner’s rate and occupier’s rate. If such land is \r\noccupied by the owner, \r\n \r\nor if it is occupied by a tenant whose rent is not liable to enhancement on the ground that the value of \r\nthe produce of the land or the productive powers of the land has or have been increased by irrigation, \r\nsuch owner or tenant shall pay the owner’s rate as well as the occupier’s rate. \r\n \r\n 541. Power to make rules for apportioning owner’s rate. In the case of a tenant with a right \r\nof occupancy, the 2[Provincial Government] shall have power to make rules for dividing the owner’s \r\nrate between such tenant and his landlord, proportionately to the extent of the beneficial interest of \r\neach in the Land. \r\n \r\n 542. When owner is to pay owner’s rate. If the owner of the land is not the occupier, but has \r\npower to enhance the rent of the occupier on the ground that the value of the produce or the \r\nproductive powers of the land has or have been increased by irrigation ; \r\n \r\n or if, when the amount of a rent was fixed, the land was irrigated from the canal, \r\n       the owner shall pay the owner’s rate. \r\n \r\n1For instance of such notifications, see Punjab Gazette, 1903, Pt. I, pp. 223 and 224. \r\n2Subs. by A. O., 1937, for “L.G.”. \r\n3Ins. by the Northern India Canal and Drainage (Amdt.) Act, 1899 (16 of 1899), s. 2. \r\n4For rules for assessing owner’s rates, see the Punjab R. and O. \r\n5Ss. 40 to 43 have been rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and Sch. \r\n \r\n \r\nPage 19 of 27 \r\n \r\n 143. Effect of introduction of canal irrigation on landlord’s right to enhance. If a revision \r\nof settlement is a ground for entertaining a suit for the enhancement of rent, the introduction of canal \r\nirrigation into any land shall have the same effect on the landlord’s right to re-enhance the rent of a \r\ntenant with a right of occupancy of such land, as if a revision of settlement had taken place, under \r\nwhich the revenue payable in respect of such land had been increased. \r\n \r\n 44. Water-rate by whom payable when charged on land held by several owners. Where a \r\nwater-rate is charged on land held by several joint owners, it shall be payable by the manager or other \r\nperson who receives the rents or profits of such land, and may be deducted by him from such rents or \r\nprofits before division, or may be recovered by him from the persons liable to such rate in the manner \r\ncustomary in the recovery of other charges on such rents or profits. \r\n \r\nRecovery of charges \r\n \r\n 45. Certified dues recoverable as land-revenue. Any sum lawfully due under this Part, and \r\ncertified by the Divisional Canal-officer to be so due, which remains unpaid after the day on which it \r\nbecomes due, shall be recoverable by the Collector from the person liable for the same as if it were an \r\narrear of land-revenue. \r\n \r\n 46. Power to contract for collection of canal-dues. The Divisional Canal-officer or the \r\nCollector may enter into an agreement with any person for the collection and payment to 2[the \r\nProvincial Government] by such person of any sum payable under this Act by a third party. \r\n \r\n When such agreement has been made, such person may recover such sum by suit as though it \r\nwere a debt due to him, or an arrear of rent due to him on account of the land, work or building in \r\nrespect of which such sum is payable, or for or in which the canal-water shall have been supplied or \r\nused. \r\n \r\n If such person makes default in the payment of any sum collected by him under this section, \r\nsuch sum may be recovered from him by the Collector under section 45; and, if such sum or any part \r\nof it be still due by the said third party, the sum or part so due may be recovered in like manner by the \r\nCollector from such third party. \r\n \r\n 47. Lambardars may be required to collect canal-dues. The Collector may require the \r\nlambardar, or person under engagement to pay the land-revenue of any estate, to collect and pay any \r\nsums payable under this Act by a third party, in respect of any land or water in such estate. \r\n \r\n Such sums shall be recoverable by the Collector as if they we re arrears of land-revenue due in \r\nrespect of the defaulter’s share in such estate ; \r\n \r\n and for the purpose of collecting such sums from the subordi nate zemindars, raiyats, 3[tenants \r\nor sub-tenants], such lambardar or person may exercise the powers, and sha ll be subject to the rules, \r\nlaid down in the law for the time being in force in respect to the collection by him of the rents of land \r\nor of shares of land-revenue. \r\n \r\n The 4[Provincial Government] shall provide— \r\n \r\n1Ss. 40 to 43 have been rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and Sch. \r\n2Subs. by A. O., 1937, for “the Govt.”. \r\n3Subs. by the Northern India Canal and Drainage (Amdt.) Act, 1899 (16 of 1899), s. 3, for” or “tenants”. \r\n4Subs. by A. O., 1937, for “L. G. “. \r\n \r\nPage 20 of 27 \r\n \r\n(a) for remunerating persons collecting sums under this section ; or \r\n \r\n(b)  for indemnifying them against expenses properly incurred by them in such \r\ncollection ; or \r\n \r\n(c)  for both such purposes. \r\n \r\n 48. Fines excluded from sections 45,46,47. Nothing in sections 45, 46 or 47 applies to fines. \r\n \r\nPART VI \r\nOF CANAL-NAVIGATION \r\n \r\n 49. Detainer of vessels violating rules. Any vessel entering or navigating any canal contrary \r\nto the rules made in that behalf by the 1[Provincial Government], or so as to cause danger to the canal \r\nor the other vessels therein, may be removed or detained, or both removed and detained, by the \r\nDivisional Canal-officer, or by any other person duly authorised in this behalf. \r\n \r\n Liability of owners of vessels causing damage. The owner of any vessel causing damage to a \r\ncanal, or removed or detained under this section, shall be liable to pay to 2[the Provincial \r\nGovernment] such sum as the Divisional Canal-officer, with the approval of the Superintending \r\nCanal-officer, determines to be necessary to defray the expenses of repairing such damage or of such \r\nremoval or detention, as the case may be. \r\n \r\n 50. Recovery of fines for offences in navigating canals. Any fine imposed under this Act \r\nupon the owner of any vessel, or the servant or agent of such owner or other person in charge of any \r\nvessel, for any offence in respect of the navigation of such vessel, may be recovered either in the \r\nmanner prescribed by the 3[Code of Criminal Procedure, 1898 (Act V of 1898)] or, if the Magistrate \r\nimposing the fine so directs, as though it were a charge due in respect of such vessel. \r\n \r\n 51. Power to seize and detain vessel on failure to pay charges. If any charge due under the \r\nprovisions of this Part in respect of any vessel is not paid on demand to the person authorized to \r\ncollect the same, the Divisional Canal-officer may seize and detain such vessel and the furniture \r\nthereof, until the charge so due, together with all expenses and additional charges arising from such \r\nseizure and detention, is paid in full. \r\n \r\n 52. Power to seize cargo or g oods, if charges due thereon are not paid. If any charge due \r\nunder the provisions of this Part in respect of any cargo or goods carried in a Government vessel on a \r\ncanal, or stored on or in lands or warehouses occupied for the purposes of a canal is not pa id on \r\ndemand to the person authorised to collect the same, the Divisional Canal -officer may seize such \r\ncargo or goods and detain them until the charge so due, together with all expenses and additional \r\ncharges arising from such seizure and detention, is paid in full. \r\n \r\n 53. Procedure for recovery of such charges after seizure. Within a reasonable time after \r\nany seizure under section 51 or section 52, the said Canal -officer shall give notice to the owner or \r\nperson in charge of the property seized that it, or such portion of it as may be necessary, will, on a day \r\nto be named in the notice, but not sooner than fifteen days from the date of the notice, be sold in \r\nsatisfaction of the claim on account of which such property was seized, unless the claim be discharged \r\nbefore the day so named. \r\n \r\n1Subs. by A. O., 1937, for “L. G. “. \r\n2Subs. ibid., for “the Govt.”. \r\n3Subs. by Ord. XXVII of 1981, s.5 and Sch IV (only to the extent of Islamabad Capital Territory). \r\n \r\nPage 21 of 27 \r\n \r\n And, if such claim be not so discharged, the said Canal-officer may, on such day, sell the \r\nproperty seized or such part thereof as may be necessary to yield the amount due, together with the \r\nexpenses of such seizure and sale : \r\n \r\n Provided that no greater part of the furniture of any vessel or of any cargo or goods shall be so \r\nsold than shall, as nearly as may be, suffice to cover the amount due in respect of such vessel, cargo \r\nor goods. \r\n \r\n The residue of such furniture, cargo or goods, and of the proceeds of the sale, shall be made \r\nover to the owner or person in charge of the property seized. \r\n \r\n 54. Procedure in respect of vessels abandoned and goods unclaimed. If any vessel be \r\nfound abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or \r\nstored on or, in lands or warehouses occupied for the purposes of a canal, be left unclaimed for a \r\nperiod of two months, the Divisional Canal-officer may take possession of the same. \r\n \r\n The officer so taking possession may publish a notice that, if such vessel and its contents, or \r\nsuch cargo or goods, are not claimed previously to a day to be named in the notice, not sooner than \r\nthirty days from the date of such notice, he will sell the same ; and, if such vessel, contents, cargo or \r\ngoods be not so claimed, he may, at any time after the day named in the notice, proceed to sell the \r\nsame. \r\n \r\n Disposal of proceeds of sale. The said vessel and its contents, and the said cargo or goods if \r\nunsold, or, if a sale has taken place, the proceeds of the sale, after paying all tolls, charges and \r\nexpenses incurred by the Divisional Canal-officer on account of the taking possession and sale, shall \r\nbe made over to the owner of the same, when his ownership is established to the satisfaction of the \r\nDivisional Canal-officer. \r\n \r\n If the Divisional Canal-officer is doubtful to whom such property or proceeds should be made \r\nover, he may direct the property to be sold as aforesaid, and the proceeds to be paid into the district \r\ntreasury, there to be held until the right thereto be decided by a Court of competent jurisdiction. \r\n \r\nPART VII \r\nOF DRAINAGE \r\n \r\n 55. Power to prohibit obstructions or order their removal. Whenever it appears to the \r\nl[Provincial Government] that injury to any land or the public health or public convenience has arisen \r\nor may arise from the obstruction of any river, stream or drainage-channel, such Government may, by \r\n2notification published in the official Gazette, prohibit, within limits to be defined in such notification, \r\nthe formation of any obstruction, or may, within such limits, order the removal or other modification \r\nof such obstruction. \r\n \r\n Thereupon so much of the said river, stream or drainage channel as is comprised within such \r\nlimits shall be held to be a drainage-work as defined in section 3. \r\n \r\n 56. Power to remove obstructions after prohibition. The Divisional Canal-officer, or other \r\nperson authorised by the l[Provincial Government] in that behalf, may, after such publication issue an \r\norder to the person causing or having control over any such obstruction to remove or modify the same \r\nwithin a time to be fixed in the order. \r\n1Subs. by A. O., 1937, for” L. G. “. \r\n2For such notifications, see the Punjab R. and O. \r\n \r\nPage 22 of 27 \r\n \r\n If, within the time so fixed, such person does not comply with the order, the said Canal-officer \r\nmay himself remove or modify the obstruction ; and if the person to whom the order was issued does \r\nnot, when called upon, pay the expenses involved in such removal or modification, such expenses \r\nshall be recoverable by the Collector from him or his representative in interest as an arrear of land-\r\nrevenue. \r\n \r\n 57. Preparation of schemes for works of improvement. Whenever it appears to the \r\n1[Provincial Government] that any drainage-works are necessary for the improvement of any lands, or \r\nfor the proper cultivation or irrigation thereof, \r\n \r\n or that protection from floods or other accumulations of water, or from erosion by a river, is \r\nrequired for any lands, \r\n \r\n the l[Provincial Government] may cause a scheme for such drainage-works to be drawn up and \r\npublished, together with an estimate of its cost and a statement of the proportion of such cost which \r\n2[the Provincial Government] proposes to defray, and a schedule of the lands which it is proposed to \r\nmake chargeable in respect of the scheme. \r\n \r\n 58. Powers of persons employed on such schemes.—The persons authorised by the \r\nl[Provincial Government] to draw up such scheme may exercise all or any of the powers conferred on \r\nthe Canal-officers by section 14. \r\n \r\n 59. Rate on lands benefited by works. An annual rate, in respect of such scheme, may be \r\ncharged, according to rules to be made by the 1[Provincial Government], on the owners of all lands \r\nwhich shall, in the manner prescribed by such rules, be determined to be so chargeable. \r\n \r\n Such rate shall be fixed, as nearly as possible, so as not to exceed either of the following limits \r\n:— \r\n \r\n (1) six per cent. per annum on the first cost of the said works, adding thereto the estimated \r\nyearly cost of the mainte nance and supervision of the same, and deducting there from the estimated \r\nincome, if any, derived from the works, excluding the said rate : \r\n \r\n (2) in the case of agricultural land, the sum which under the rules then in force for the \r\nassessment of land-revenue, might be assessed on such land on account of the increase of the annual \r\nvalue or produce thereof caused by the drainage-work. \r\n \r\n Such rate may be varied from time to time, within such maxi mum, by the l[Provincial \r\nGovernment]. \r\n \r\n So far as any defect to be remedied is due to any canal, water -course, road or other work or \r\nobstruction, constructed or caused by the l[Provincial Government] or by any person, a proportionate \r\nshare of the cost of the drainage -works required for the remedy of the said defect shall be borne by \r\nsuch Government or such person, as the case may be. \r\n \r\n 60. Recovery of rate. Any such drainage -rate may be collected and r ecovered in manner \r\nprovided by sections 45, 46 and 47 for the collection and recovery of water-rates. \r\n \r\n1Subs. by A. O., 1937, for” L. G. “. \r\n2Subs. ibid., for “the Govt.”. \r\n \r\nPage 23 of 27 \r\n \r\n 61. Disposal of claims to compensation. Whenever, in pursuance of a notification made \r\nunder section 55, any obstruction is removed or modified, \r\n \r\n or whenever any drainage-work is carried out under section 57, all claims for compensation on \r\naccount of any loss consequent on the removal or modification of the said obstruction or the cons-\r\ntruction of such work may be made before the Collector, and he shall deal with the same in the \r\nmanner provided in section 10. \r\n \r\n 62. Limitation of such claims. No such claim shall be entertained after the expiration of one \r\nyear from the occurrence of the loss complained of, unless the Collector is satisfied that the claimant \r\nhad sufficient cause for not making the claim within such period. \r\n \r\nPART VIII \r\nOF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS \r\n \r\n 63. Definition of “labourer”.—For the purposes referred to in this Part, the word “labourer” \r\nincludes persons who exercise any handicraft specified in rules to be made in that behalf by the \r\nl[Provincial Government]. \r\n \r\n 64. Power to prescribe number of labourers to be supplied by persons benefited by \r\ncanal.—In any district in which a canal or drainage-work is constructed, maintained or projected by \r\n2[the Provincial Government], the l[Provincial Government] may, if it thinks fit, direct the Collector___ \r\n \r\n(a)  to ascertain the proprietors, sub-proprietors or farmers whose villages or estates \r\nare or will be in the judgment of the Collector, benefited by such canal or \r\ndrainage  work, and \r\n \r\n(b)  to set down in a list, having due regard to the circums tances of the districts and \r\nof the several proprietors, sub -proprietors or farmers, the number of 1abourers \r\nwhich shall be furnished by any of the said persons, jointly or severally, from \r\nany such village or estate, for employ ment on any such canal or drainage -work \r\nwhen required as hereinafter provided. \r\n \r\n The Collector may, from time to time, add to or alter such list or any part thereof. \r\n \r\n 65. Procedure for obtaining labour for works urgently required. —Whenever it appears to \r\na Divisional Canal-officer duly authorised by the 1[Provincial Government] that, unless some work is  \r\nimmediately executed, such serious damage will happen to any canal or drainage -work as to cause \r\nsudden and extensive public injury, \r\n \r\n and that the labourers necessary for the proper execution there of cannot be obtained in the \r\nordinary manner within the t ime that can be allowed for the execution of such work so as to prevent \r\nsuch injury, \r\n \r\n the said officer may require any person named in such list to furnish as many labourers (not \r\nexceeding the number which, ac cording to the said list he is liable to supp ly) as to the said officer \r\nseems necessary for the immediate execution of such work. \r\n \r\n Every requisition so made shall be in writing, and shall state— \r\n \r\n1Subs. by A. O., 1937, for “L. G.”. \r\n2Subs. ibid., for “Govt.”. \r\n \r\n \r\nPage 24 of 27 \r\n \r\n(a)  the nature and locality of the work to be done ; \r\n \r\n(b)  the number of labourers to be supplied by the person upon whom the \r\nrequisition is made ; and \r\n \r\n(c)  the approximate time for which and the day on which the labourers will be \r\nrequired ; \r\n \r\n and a copy thereof shall be immediately sent to the Superintending Canal-officer for the \r\ninformation of the l[Provincial Government]. \r\n \r\n The l[Provincial Government] shall fix, and may from time to time alter the rates to be paid to \r\nany such labourers : \r\n \r\n Provided that such rates shall exceed the highest rates for the time being paid in the \r\nneighbourhood for similar work. \r\n \r\n In the case of every such labourer, the payment shall continue for the whole period during \r\nwhich he is, in consequence of the provisions of this Part, prevented from following his ordinary \r\noccupation. \r\n \r\n 2The l[Provincial Government] may 3* * * direct that the provisions of this Part shall apply, \r\neither permanently or temporarily (as the case may be), to any district or part of a district for the \r\npurpose of effecting necessary annual silt-clearances, or to prevent the proper operation of canal \r\ndrainage-work being stopped or so much interfered with as to stop the established course of irrigation \r\nor drainage. \r\n \r\n 66. Liability of labourers under requisition. —When any requisition has been made on any \r\nperson named in the said list, every labourer ordinarily resident within the village or estate of such \r\nperson shall be liable to supply, and to continue to supply, his labour, for the purposes aforesaid. \r\n \r\nPART IX \r\nOF JURISDICTION \r\n \r\n 67. Jurisdiction u nder this Act of Civil Courts. —Except where herein otherwise provided, \r\nall claims against l[the Provincial Government] in respect of anything done under this Act may be \r\ntried by the Civil Courts  ; but no such Court shall in any case pass an order as to the  supply of canal-\r\nwater to any crop sown or growing at the time of such order. \r\n \r\n 68. Settlement of differences as to mutual rights and liabilities of persons interested in \r\nwater-course.—Whenever a difference arises between two or more persons in regard to t heir mutual \r\nrights or liabilities in respect of the use, construction or maintenance of a water -course, any such \r\nperson may apply in writing to the Divisional Canal -officer stating the matter in dispute. Such officer \r\nshall thereupon give notice to the othe r persons interested that, on a day to be named in such notice, \r\nhe will proceed to inquire into the said matter. And, after such inquiry, he shall pass his order thereon, \r\nunless he transfers (as he is hereby empowered to do) the matter to the Collector, wh o shall thereupon \r\ninquire into and pass his order on the said matter. \r\n \r\n1Subs. by A.O., 1937, for “L. G.”. \r\n2The paragraph has been repealed in the N.W.F.P. by N.W.F.P. Act, 3 of 1938. \r\n3The words “with the previous sanction of the G.G. in C.” rep. by the Decentralization Act, 1914 (4 of 1914). \r\n \r\nPage 25 of 27 \r\n \r\n \r\n Such order shall be final as to the use or distribution of water for any crop sown or growing at \r\nthe time when such order is made, and shall thereafter remain in force until set aside by the decree of \r\na Civil Court. \r\n \r\n 69. Power to summon and examine witnesses.—Any officer empowered under this Act to \r\nconduct any inquiry may exercise all such powers connected with the summoning and examining of \r\nwitnesses as are conferred on Civil Courts by the 1[Code of Civil Procedure, 1908 (Act V of 1908)], \r\nand every such inquiry shall be deemed a judicial proceeding. \r\n \r\nPART X \r\nOF OFFENCES AND PENALTIES \r\n \r\n 70. Offences under Act.—Whoever, without proper authority and voluntarily, does any of the \r\nacts following, that is to say :— \r\n \r\n (1) damages, alters, enlarges or obstructs any canal or drainage-work ; \r\n \r\n (2) interferes with, increases or diminishes the supply of water in, or the flow of water from, \r\nthrough, over or under, any canal or drainage-work ; \r\n \r\n  (3) interferes with or alters the flow of water in any river or stream, so as to endanger, damage \r\nor render less useful any canal or drainage-work ; \r\n \r\n (4) being responsible for the maintenance of a water course, or using a water -course, neglects \r\nto take proper pre cautions for the prevention  of waste of the water there of, or interferes with the \r\nauthorised distribution of the water therefrom, or uses such water in an unauthorised manner ; \r\n \r\n (5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which \r\nit is ordinarily used ; \r\n \r\n (6) causes any vessel to enter or navigate any canal contrary to the rules for the time being \r\nprescribed by the 2[Provincial Government] for entering or navigating such canal ; \r\n \r\n (7) while navigating on any canal, neglects to take p roper precautions for the safety of the \r\ncanal and of vessels thereon ; \r\n \r\n (8) being liable to furnish labourers under Part VIII of this Act, fails without reasonable cause, \r\nto supply or to assist in supplying the labourers required of him ; \r\n \r\n (9) being a la bourer liable to supply his labour under Part VIII of this Act, neglects, without \r\nreasonable cause, so to supply, and to continue to supply, his labour ; \r\n \r\n (10) destroys or moves any level -mark or water -gauge fixed by the authority of a public \r\nservant ; \r\n \r\n (11) passes, or causes animals or vehicles to pass, on or across any of the works, banks or \r\nchannels of a canal or drain age-work contrary to rules made under this Act, after he has been desired \r\nto desist therefrom; \r\n \r\n1Subs. by Ord XXVII of 1981, s. 5 and Sch IV (only to the extent of Islamabad Capital Territory).   \r\n2Subs. by A. O., 1937, for “Govt.”. \r\n \r\n \r\nPage 26 of 27 \r\n \r\n (12) violates any rule made under this Act, for breach whereof a penalty may be incurred, \r\n \r\n Panalty. shall be liable, on conviction before a Magistrate of such class as the l[Provincial \r\nGovernment] directs 2in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not \r\nexceeding one month, or to both. \r\n \r\n 71. Saving of prosecution under other laws.—Nothing herein contained shall prevent any \r\nperson from being prosecuted under any other law for any offence punishable under this Act : \r\n \r\n Provided that no person shall be punished twice for the same offence. \r\n \r\n 72. Compensation to person injured.—Whenever any person is fined for an offence under \r\nthis Act, the Magistrate may direct that the whole or any part of such fine may be paid by way of \r\ncompensation to the person injured by such offence. \r\n \r\n 73. Power to arrest without warrant.—Any person in charge of or employed upon any canal or \r\ndrainage-work may remove from the lands or buildings belonging thereto, or may take into custody without \r\na warrant and take forthwith before a Magistrate or to the nearest police-station, to be dealt with according \r\nto law, any person who, within his view, commits any of the following offences:— \r\n \r\n (1) wilfully damages or obstructs any canal or drainage-work ; \r\n \r\n  (2) without proper authority interferes with the supply or flow of water in or from any canal or \r\ndrainage-work, or in any river or stream, so as to endanger, damage or ren der less useful any canal or \r\ndrainage-work. \r\n \r\n 74. Definition  of “canal”.—In this Part the word “canal” shall (unless there be some thing \r\nrepugnant in the subject or context) be deemed to include also all lands occupied by 3[the Provincial \r\nGovernment] for t he purposes of canals, and all buildings, machinery, fences, gates and other \r\nerections, trees, crops, plantations or other produce occupied by or belonging to 3[the Provincial \r\nGovernment] upon such lands. \r\n \r\nPART XI \r\nOF SUBSIDIARY RULES \r\n \r\n 75. Power to make, a lter and cancel rules. —The 1[Provincial Government] may, from time \r\nto time 4* * * make rules5 to regulate the following matters :___ \r\n \r\n  (1) the proceedings of any officer who, under any provision of this Act, is required or \r\nempowered to take action in any matter ; \r\n \r\n (2) the cases in which, and the officers to whom, and the con ditions subject to which,  orders \r\nand decisions given under any provision of this Act, and not expressly provided for as regards appeal, \r\nshall be appealable; \r\n \r\n1Subs. by A. O., 1937, for “L.G.”. \r\n2For notification empowering Magistrates of the second class to try offences under this section, see Punjab Local Rules and Orders. \r\n3Subs. by A. O., 1937, for “L. G.”. \r\n4The words “subject to the control of the G.G. in C.” rep. by the Devolution Act, 1920 (38 of 1920). \r\n5For such rules, see the Punjab R. and O. \r\n \r\n \r\n \r\nPage 27 of 27 \r\n \r\n (3) the persons by whom, 1[and] the time, place or manner at or in which anything for the \r\ndoing of which provision is made under this Act, shall be done; \r\n \r\n (4) the amount of any charge made under this Act; and \r\n \r\n (5) generally to carry out the provisions of this Act. \r\n \r\n The 2[Provincial Government] may from time to time 3* * * alter or cancel any rules so made. \r\n \r\n Publication of rules. Such rules, alterations and cancelments shall be published in the \r\n4[official Gazette], and shall thereupon have the force of law. \r\n \r\nSCHEDULE \r\n \r\n [Rep. by the Repealing Act. 1873 (XII of 1873) s. 1 and Sch., Pt. II.] \r\n \r\n \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 16-09-2024 \r\n1Ins. by the Amending Act, 1891 (12 of 1891). \r\n2Subs. by A. O., 1937, for “L.G.”. \r\n3The words “subject to the like control” rep. by Act 38 of 1920. \r\n4Subs. by A. O., 1937, for “local official Gazette”.",
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