PUNJAB MINOR CANALS ACT, 1905
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`` Punjab Minor Canals 1905: Act III
SCHEDULE I SCHEDULE II
TEXT 1 THE PUNJAB MINOR CANALS ACT, 1905 (III of 1905) [15 June 1905] An Act to make better provision for the control and management of minor canals in
2[certain areas of West Pakistan]. WHEREAS it is desirable to make better provision for the exercise of control over and for the regulation of the management of certain minor canals in 3[certain areas of West Pakistan];
It is hereby enacted as follows:
CHAPTER I
Preliminary
Section 1. Short title and local extent
(1) This Act may be called the Punjab Minor Canals Act of 1905.
4[(2) It extends to the Divisions of Rawalpindi, Sargodha, Lahore, Multan, Quetta and Kalat except the Tribal Areas.]
Section 2. Operation of Act
(1) The provisions of this Act shall apply, to the extent and in the manner hereinafter provided, to every canal specified in either Schedule I or Schedule II as the case may be.
(2) At any time after the commencement of this Act, the 5[Provincial Government] may, from time to time, by notification–
(a) include any canal under either Schedule I or Schedule II, as the case may be, or transfer a canal from one schedule to the other schedule, and thereupon the provisions of this Act applicable to canals included under such schedule, or such of the said provisions as the 6[Provincial Government] may direct, shall apply to such canal; or
(b) exclude from the operation of this Act any canal which now is, or
1This Act was published in the Government Gazette, Punjab and its Dependencies, dated: 15 June 1905, pp. 117-135. For Statement of Objects and Reasons, see Punjab Gazette, 1903, Part V, p. 100; for report of the Select Committee, see ibid., 1905, Part V, p. 7; for proceedings in Council, see ibid., 1904, Part V, p. 27 and ibid., 1905, Part V, p. 44.
2Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 2.
3Ibid.
4Substituted ibid., s. 3.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Ibid.
hereafter may be, included under either Schedule I or Schedule II:
Provided that no canal shall be included under Schedule I, unless–
(a) it is owned in whole or in part by
1[the Provincial Government], or
(b) is, at the commencement of this Act, managed by 2[Servants of the State] or by any local authority, or
(c) is situate partly within and partly without the territories to which this Act extends, or
(d) has been included under Schedule II and is transferred to Schedule I 3[by direction of the Provincial Government].
(3) The 4[* *] Canal and Drainage Act, 1873 5, shall not apply to any canal which is for the time being included under either Schedule I or Schedule II.
Section 3. Definitions
In this Act, unless there is something repugnant in subject or context–
(i) “Record-of-Rights” and “Revenue Officer” have the meanings assigned to them respectively in the 6Punjab Land Revenue Act, 1887;
(ii) “Canal” means any canal, natural or artificial channel or line of natural drainage or any reservoir, dam or embankment constructed, maintained or controlled for the supply or storage of water or the protection of land from flood or sand, and includes 7[any portion of a canal or] any water-course or subsidiary works as defined in this section;
(iii) “Collector” means the head revenue officer of a district and includes any officer appointed under this Act to exercise all or any of the powers of a Collector;
(iv) “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;
(v) “Construction” and “construct” include any alteration which would materially extend the area irrigable by a canal or any other alteration of material importance or the renewal of a canal after disuse for six years, but do not include the re-excavation of a canal head which has been temporarily abandoned owing to a change in the river, the excavation of a new head necessitated by a change in the river or a change of water-courses to render existing irrigation more efficient;
(vi) “Creek” means any channel of a river other than the main channel through
1Substituted for the words “His Majesty for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
They were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
2Substituted ibid., for the words “Servants of the Crown”. They were earlier substituted for the words “Government officers” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
3Substituted for the words “by direction of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
4The words “Northern India” were omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 5India Act VIII of 1873. 6XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967.
7Inserted by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 2.
which the water of the river would, unless obstructed by deposit of silt, naturally flow at some period of the year;
(vii) “District” means a district as fixed for revenue purposes;
(viii) “Irrigator” means in respect of any land which is irrigated from a canal any person for the time being directly deriving benefit by such irrigation and includes a land-owner or occupancy tenant of such land;
(ix) “Labour” includes labourers, cattle and appliances necessary for the execution of the work for which labour is to be supplied;
(x) “Mill” means any contrivance whereby the water-power of any canal is used for grinding, sawing or pressing, or for driving or working machinery or for any other similar purpose, and includes all subsidiary works and structures connected with any such contrivance except the canal itself;
(xi) “Subsidiary works” means all works required for the control or maintenance of the supply to a canal or for the maintenance of a canal in proper condition or for the regulation of the irrigation therefrom or for the prevention of floods or for the provision of proper drainage in connection with such irrigation, and include also the land required for such works;
(xii) “Water-course” means any channel which is supplied with water from a canal and which is maintained at the cost of the irrigators, and includes all subsidiary works connected with such channel except the sluice or outlet through which water is supplied to such channel;
(xiii) “Water-due” means whatever is payable to Government in cash or kind by the owner of a canal for the diversion by such owner for the purposes of such canal of the water of any river, creek or stream flowing in a natural channel or of any lake or other natural collection of water;
(xiv) “Water-rate” means the charge made for canal water, other than a water- due or canal advantage land-revenue rate.
CHAPTER II
Construction of Canals and Water-Dues
Section 4. Prohibition against construction of canals without permission
When the 1[Provincial Government] has notified in this behalf any natural channel, lake or other collection of water, no person shall, without permission previously obtained in the manner prescribed in the section next following, construct a canal intended to be fed from any such channel, lake or other collection of water:
Provided that nothing in this section shall apply to the construction of a water- course from an existing canal.
Section 5. Application for permission and procedure thereon
(1) Any person desiring to construct a canal intended to be fed from any source of supply which has been notified by 2[Provincial Government] under section 4, may apply, in writing, to the Collector, for the permission prescribed in that section.
(2) Every application under sub-section (1) shall be in such form and shall contain such particulars as the 3[Provincial Government] may prescribe in that behalf.
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
2Ibid. 3Ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations.
Section 6. Power of Collector to construct canal from notified source of supply
(1) When a source of supply has been notified by 1[Provincial Government] under section 4 and the Collector considers that the construction of a canal to be fed therefrom will be advantageous, he shall give notice by general proclamation to all persons interested of his intention to construct such canal.
(2) If no objection to the construction of such canal shall have been preferred within a period to be specified in the notice under sub-section (1), or if any such objection has been preferred within the said period, but has been finally overruled, the Collector may proceed to construct such canal.
(3) The provisions of sections 50 and 63 shall apply to all proceedings of the Collector under sub-section (1) of this section and under the preceding section, and the powers conferred upon the Collector by this and the preceding section shall be exercised subject to such sanction as the 2[Provincial Government] may prescribe and in accordance with the rules made by such Government.
7. Power to prohibit the unauthorised construction of and to close unauthorised canal.– (1) If any person, without the permission necessary under sections 4 and 5 of this Act, or contrary to any of the conditions of such permission, commences to construct or proceeds with the construction of any canal, the Collector may, at any time, by order in writing, prohibit such person, and, by general proclamation, all other persons, from continuing the construction thereof:
Provided that, unless in the case of a construction which would materially extend the area irrigable by a canal, no such order or proclamation, as the case may be, shall be made or issued in respect of any canal which, at the time when it is proposed to make or issue such order or proclamation, has been used for irrigation for a period of three years without interruption, other than such as was due to natural causes beyond the control of the person aforesaid.
(2) If any person shall, at any time after the commencement of this Act, construct a canal without the permission necessary under sections 4 and 5 of this Act, the Collector may, with the previous sanction of the 3[Provincial Government], close it and shut off the supply of water thereto, and may further, by order in writing, prohibit such person, and, by general proclamation, all other persons, from maintaining, repairing or renewing such canal or continuing to use the water thereof.
Section 8. Water-dues
(1) Subject to the conditions, if any, imposed or agreed to by the
4[Provincial Government] such Government may assess and levy water-dues in respect of–
(i) canals made after the commencement of this Act;
(ii) canals made before the commencement of this Act–
(a) when the right to, or question of, water-dues has been expressly reserved by such Government, or
(b) when the conditions upon which the owner of the canal has been allowed to use the water have been agreed on for a term and that term has expired, or
(c) when such water-dues were already levied at the commencement of
1Ibid., for the word “Government”, Article 3 read with the Sixth Schedule.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
4Ibid.
this Act.
(2) The demand on account of water-dues shall be assessed for a term of years, and shall be limited to an amount not exceeding one-quarter of the net profits which are likely to accrue to the owner of the canal during that term.
CHAPTER III
Provisions applicable to canals under Schedule I
Section 9. This chapter applicable only to canals under Schedule I
Except as the 1[Provincial Government] may otherwise direct under section 69 the provisions of this chapter shall apply only to canals for the time being included under Schedule I.
Section 10. General powers of Collector
(1) Notwithstanding the existence of any rights in or over a canal or water-course, the Collector may–
(a) exercise all powers of control, management and direction for the efficient maintenance and working of such canal or for the due distribution of the water thereof; and
(b) whenever and so long as any water-course sluice or outlet is not maintained in proper customary repair, or any water-course sluice or outlet through which water is supplied to any person, or, in the case of a sluice or outlet, to any water-course or any person, is subjected to wilful damage or wrongful enlargement, stop the supply of water to such water-course sluice or outlet or to any person.
(2) No claim shall be enforceable against the 2[Provincial Government] for compensation in respect of loss caused by any order passed under sub-section (1), but any person suffering loss by reason of any order passed under sub-section (1) (a) may claim such remission of the ordinary charges payable for the use of the water as is authorised by the 3[Provincial Government]:
Provided that if any right to water entered in a record-of-rights prepared or revised under section 28(1) or deemed under section 28(3) to have been made under this Act or admitted in any agreement between the 4[Provincial Government] and any person is substantially diminished in consequence of action taken under sub-section (1)(a) the Collector shall award compensation under section 55 to such person in respect of the diminution of his right.
(3) No right to the use of the water of a canal shall be, or be deemed to have been acquired under the 5Indian Limitation Act, 1887, nor shall 6[Provincial Government] be bound to supply any person with water.
Section 11. Power of Government to suspend or extinguish rights in or over any scheduled canal on payment of compensation
(1) The 7[Provincial Government] may at any time suspend or extinguish any right to which any person is entitled in or over any
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid.
3Ibid.
4Ibid. 5India Act XV of 1877, subsequently replaced by the Limitation Act, 1908 (IX of 1908).
6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
7Ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations.
canal if the exercise of such right is prejudicial to the interests of other irrigators or to the good management, improvement or extension of the canal.
(2) In every such case the 1[Provincial Government] shall cause to be paid to the person whose right is suspended or extinguished, compensation to be assessed by the Collector under section 55. In assessing compensation for the purposes of this section, the Collector shall also have regard to the character of the right, the period during which it has been enjoyed and the damage likely to be occasioned by its suspension or extinction.
Section 12. Power to enter and survey, &c
The Collector or other person acting under the general or special orders of the Collector may enter upon any land 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 inquiry relating to any existing or projected canal under the charge of the said Collector;
Power to clear land.– and, where otherwise such inquiry cannot be completed, the Collector or such 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 land 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 Collector or person proposes to enter into any building or enclosed court or garden attached to a dwelling house not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days’ notice in writing of his intention to do so. Compensation for damage caused by entry.– In every case of entry under this section, the Collector shall, upon application made to him in this behalf, assess and pay compensation for any damage which may be occasioned by any proceeding under this section.
Section 13. Power to enter for repairs and to prevent accidents
In case of any accident happening or being apprehended to a canal, the Collector 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 to land.– In every such case, the Collector shall, upon application made to him in this behalf, assess and pay compensation under section 55, for any damage which may be occasioned by any proceeding under this section.
Section 14. Power to occupy land adjacent to canal for depositing soil from canal and to excavate earth for repairs to the banks and compensation for damage
(1) The Collector or any person acting under his general or special orders in this behalf may,
1Ibid.
within such distance from the canal as the 1[Provincial Government] may by rule determine, occupy land adjacent to any canal for the purpose of–
(a) depositing upon it soil excavated from the canal, or
(b) excavating from it earth for repairs to the canal. The Collector shall, upon application made to him in this behalf, assess and pay compensation for any damage which may be occasioned by any proceeding under this section.
(2) The owner of any land which has been occupied after the commencement of this Act for any purpose under sub-section (1) and has remained in such occupation for a period exceeding three years may require that such land shall be permanently acquired in accordance with the provisions of section 44.
Section 15. Supply of water through intervening water-course
Whenever application is made to a Collector 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 said supply should not be so conveyed; and, after making inquiry on such day, the Collector shall determine whether and on what conditions the said supply shall be conveyed through such water-course. The 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 Collector 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.
Section 16. Application for construction of new water-course
Any person desiring the construction of a new water-course may apply in writing to the Collector, stating–
(i) 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;
(ii) that he desires the Collector, in his behalf and at his cost, to do all things necessary for acquiring such right;
(iii) that he is able to defray all costs involved in acquiring such right and constructing such water-course.
Section 17. Procedure of Collector thereupon
If the Collector considers–
(i) that the construction of such water-course is expedient, and
(ii) that the statements in the application are true, he shall call upon the applicant to make such deposit as the Collector 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 20; 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
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
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.
Section 18. Application for transfer of existing water-course
Any person desiring that an existing water-course should be transferred from it’s present owner to himself, may apply in writing to the Collector stating–
(i) that he has endeavoured unsuccessfully to procure such transfer from the owner of such water-course;
(ii) that he desires the Collector, in his behalf, and at his cost, to do all things necessary for procuring such transfer;
(iii) that he is able to defray the cost of such transfer. Procedure thereupon.– If the Collector 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 Collector 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 20 in respect of such transfer;
and, upon such deposit being made, he shall publish a notice of the application in every village affected.
Section 19. Inquiry into, and determination of, objections to construction or transfer of water-courses
(1) When within thirty days from the publication of a notice under section 17 or section 18 as the case may be, any person interested in the land or water-course to which the notice refers, applies to the Collector as aforesaid, stating his objection to the construction or transfer for which application has been made, the Collector shall give notice to the other persons interested that, on a day to be named in such notice or any subsequent day to which the proceedings may be adjourned, he will proceed to inquire into the matter in dispute or into the validity of such objections as the case may be.
(2) Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute or the objection as the case may
be.
Section 20. Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation
No applicant under section 16 or section 18, as the case may be, 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.– Compensation to be made under this section shall be assessed as provided in section 55, but the Collector may, if the person to be compensated so desire, 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, and shall, when recovered, be paid by him to the person entitled to receive the same.
Section 21. Conditions binding on applicant placed in occupation
(1) When any such applicant has duly complied with the conditions laid down in section 20, he shall be placed in occupation of the land or water-course as aforesaid, and the following rules and conditions shall be thereafter binding on him and his representative in interest:–
(a) In all cases, First– All works necessary for the passage across such water-course or water- courses existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Collector. Second– Land occupied for a water-course under the provisions of section 17 shall be used only for the purposes of such water-course. Third– The proposed water-course shall be completed to the satisfaction of the Collector within one year after the applicant is placed in occupation of the land.
(b) In cases in which land is occupied or a water-course is transferred, on the terms of a rent-charge, Fourth– The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determined by the Collector when the applicant is placed in occupation. Fifth– If the right to occupy the land cease owing to a breach of any of these rules, the liability to pay the said rents shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such person as the Collector determines. Sixth– The Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation; and if any such rent or compensation be not paid by the applicant or his representative in interest, the Collector may recover the amount, with interest thereon at the rate of six per cent. per annum from the date on which it became due, and shall pay the same, when recovered, to the person to whom it is
due.
(2) 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.
Section 22. Construction of outlets from canals by Collector
The Collector may construct or repair or alter a sluice or outlet to regulate the supply of water from a canal to any water- course.
Section 23. Power to convert several water-courses running for a long distance side by side into one water-course
(1) In cases where there are water-courses running side by side or so situated as to interfere with the economical use or proper management of the water-supply, the Collector, if applied to for that purpose, or on his own motion may require the owners to make arrangements to his satisfaction to unite the water-courses or to substitute for them such system as may have been approved by him.
(2) If the owners fail within such time as the Collector may fix to comply with any order passed by him under sub-section (1) the Collector may himself execute the work.
(3) Whenever a water-course has been reconstructed or a new system
substituted under sub-section (1) or sub-section (2), the Collector may fix the shares in
which the water shall be enjoyed by the persons entitled to use the water-course.
Section 24. 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.
Section 25. Costs of executing works under section 22, or section 23, by whom payable
In every case under section 22 or section 23, the cost of executing or completing the works shall be payable by such person or persons deriving benefit from the water-course as the Collector may in each case determine.
Section 26. Power of 1[Provincial Government] to direct supply of labour by irrigators
The 2[Provincial Government] may, by notification, direct that the irrigators from any canal or any two or more adjacent canals shall be bound to furnish labour free of cost to Government for the purpose of effecting the annual silt clearance of such canal or canals or of maintaining such canal or canals in a state of efficiency or of executing any work necessary thereto, in either of the following cases, namely:–
(a) whenever such irrigators are bound, by a condition entered in the record- of-rights of such canal or canals or of the estates supplied with water therefrom or by established custom, to furnish such labour, or
(b) whenever the land-owners who are responsible for the payment of more than half the land-revenue assessed on the land irrigated from such canal, or canals, agree to undertake to supply such labour.
Section 27. Powers of Collector upon issue of notification under section 26
Upon the issue of a notification under section 26 the Collector may, from time to time, by general or special order,–
(a) determine the amount of labour to be provided or the amount of work to be performed by each irrigator;
(b) regulate the attendance, distribution and control of the labourers provided or the manner of the performance of the work;
(c) assess and recover the cost of such labour from any person who fails to comply with an order passed under this section; and
(d) fund all costs so recovered and expend them on the provision of hired labour for any of the canals to which the notification applies, or subject to the provisions, if any, of a record-of-rights specified in section 26 or section 28, on any other purpose connected with the well- being thereof:
Provided that the costs assessed as aforesaid shall not exceed eight annas for each day’s labour of each of the labourers in respect of whom default has occurred.
Section 28. Power to prepare record for canal
(1) The Collector shall, whenever the
3[Provincial Government] may, by special order or by the rules made under the authority of this Act, so direct, prepare or revise for any canal a record showing all or any of the following matters, namely:–
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
(a) the custom or rule of irrigation;
(b) the rights to water and the conditions on which such rights are enjoyed;
(c) the rights as to the erection, repair, re-construction and working of mills, and the conditions on which such rights are enjoyed; and
(d) such other matters as the
1[Provincial Government] may by rule prescribe in this behalf.
(2) Entries in the record so prepared or revised shall be relevant as evidence in any dispute as to the matters recorded, and shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor:
Provided that no such entry shall be so construed as to limit any of the powers conferred on 2[the Provincial Government] by this Act.
(3) When a record showing all or any of the matters enumerated in sub-section
(1) has been framed at any settlement of the land revenue already sanctioned by 3[the Provincial Government] and has been attested by a revenue officer, such record shall be deemed to have been made under this section.
(4) Every person interested shall be bound to furnish to the Collector, or to any person acting under the direction of the Collector, all information necessary for the correct preparation of a record under this section.
(5) The provisions of Chapter IV of the 4Punjab Land Revenue Act, 1887, shall, so far as may be, apply to the preparation and revision of every such record. Water-rates
Section 29. Levy of water-rates
(1) Subject to the terms of any agreement made by it with the owners or irrigators, the 5[Provincial Government] may, by notification, direct that a rate or rates shall be levied for the use of water of a canal in an authorised manner.
(2) The 6[Provincial Government] may, by notification, also impose a special rate for all water obtained or used without authority or in an unauthorised manner.
(3) The rate or rates imposed under sub-section (1) or sub-section (2) shall be leviable from such persons deriving benefit from the water as the 7[Provincial Government] may, by general or special rule, direct.
(4) Subject to the terms of any such agreement as aforesaid, the proceeds of any rate or rates levied under this section shall be disposed of in such manner as the 8[Provincial Government] may, by general or special rule, direct.
Section 30. Liability when person using unauthorisedly cannot be identified
If water supplied through a water-course be used in an unauthorised manner, and if the person by
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid., for the word “Government”, Article 3 read with the Sixth Schedule. 3Ibid., for the words “the Government”. 4XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Ibid.
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
8Ibid.
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.
Section 31. 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 Collector, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water-course shall be jointly liable for the charges made in respect of the water so wasted.
Section 32. 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. All questions under section 30 or section 31 shall be decided by the Collector.
CHAPTER IV
Provisions applicable to canals included under Schedule II
Section 33. This chapter applicable only to canals under Schedule II
Except as the 1[Provincial Government] may otherwise direct under section 69 the provisions of this chapter shall apply only to canals for the time being included under Schedule II.
Section 34. Power of the Collector, in certain cases, to declare or appoint a manager of a canal
Where there are numerous share-holders in the ownership of a canal, or where it is difficult to ascertain the persons who are share-holders or the extent of the interest of the share-holders, or any of them, the Collector may, if there is no proper manager or representative, require by a proclamation or notice in writing, the share-holders to nominate, within a given period, a fit person as manager of the canal and their representative, and upon their failure to do so, may himself appoint any person to be the manager of such canal and the representative of the share-holders, and the person so appointed may thereupon do all acts and things which the share-holders or any of them might lawfully do in regard to the management of such canal, and all acts and things so done by him shall be binding upon every person who possesses any share in the ownership of such canal.
Section 35. Power of 2[Provincial Government] to apply the provisions of section 28 to any canal
The 3[Provincial Government] may, by notification, declare all or any of the provisions of section 28 (as to the preparation and revision of records) to be applicable to any canal, and, upon any such declaration being made, such provisions shall, as far as may be, apply accordingly.
Section 36. Power to assume control or management, or both, of a canal
(1) It shall be
1Ibid.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
lawful for the
1[Provincial Government], by notification, to assume the control or management, or both, of any canal–
(a) if the owner of such canal consents thereto, and subject to the condition (if any) on which such consent may in any case be given;
(b) if, after enquiry, the 2[Provincial Government] is satisfied that the control or management exercised by or on behalf of the owner is such as causes grave injury to the property or health of persons owning lands in the vicinity;
(c) in the event of any wilful and continuous breach of orders issued under section 39 of this Act.
(2) When the control or management, or both, of any canal is assumed under the provisions of sub-section (1), the 3[Provincial Government] may exercise all or any of the rights and powers in regard thereto which, but for such assumption, the owner might lawfully have exercised, and may delegate such powers or any of them to any person, but Government shall, in the absence of any decree or agreement to the contrary, be liable to account, from time to time, to such owners for the income and expenditure thereof and may at any time restore the canal to the owner.
Section 37. Right of owner upon such assumption, to demand that the canal shall be acquired by the Government
When the control or management, or both, of a canal shall be assumed by the 4[Provincial Government] under clause (b) or clause (c) of sub- section (1) of section 36, and such control or management shall have continued for a period exceeding six years, the owner thereof may, by notice in writing delivered to the Collector, require that the Government shall acquire such canal.
Section 38. Power to acquire canal on demand of the owner
On receipt of notice under section 37 the 5[Provincial Government] shall by notification declare that the said canal will be acquired after a day to be named in the said notification, not being earlier than three months from the date thereof, and after the issue of such notification the Collector shall proceed as in sections 46 and 47 provided.
Section 39. Power to fix the limits of irrigation and water-rates and to regulate the distribution of water
The
6[Provincial Government] may after inquiry through the Collector, in respect of any canal, issue orders as to all or any of the following things, namely–
(a) fixing the limits within which land may be irrigated from such canal;
(b) fixing, as it may deem equitable, the amount and character of the water- rates leviable by the owner, and the conditions on which such rates are to be paid, suspended, remitted or refunded;
(c) regulating the supply and distribution of the water to and from such canal:
Provided that if any land which has been continuously irrigated from the canal for three years previously is deprived of irrigation, or the income of the canal-owner from such canal is materially reduced by reason of any order passed under this section, the
1Ibid.
2Ibid.
3Ibid.
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
5Ibid.
6Ibid.
owners of such land or the canal-owner shall be paid by Government or by such persons as Government may determine such compensation as the Collector may consider reasonable.
Provided further that if the canal owner has in the opinion of the 1[Provincial Government] exercised his powers as such in an arbitrary or inequitable manner he shall not be entitled to compensation under this section.
Section 40. Collection, in certain cases, of water-rates of a canal by the 2[Provincial Government]
(1) The 3[Provincial Government] may, at the request of the owner, undertake the collection of the water-rates leviable in respect of a canal for such period as may be agreed upon with him, and may, thereupon,–
(a) regulate such collection and determine the persons by whom it shall be made;
(b) direct that by way of payment for service rendered in making such collection, deductions shall be made not exceeding three per cent. of the amount collected.
(2) During the period for which the 4[Provincial Government] has undertaken the collection of the water-rates leviable in respect of a canal, no suit for the recovery of any such rates shall be instituted.
CHAPTER V
Provisions applicable to all canals
Section 41. This chapter applicable to all canals
Save as otherwise hereinafter expressly
provided, the provisions of this chapter shall be applicable to all canals, whether included under Schedule I or under Schedule II.
Section 42. Consent or decision of the owner how to be determined
Whenever, in respect of any canal, any question arises which has under this Act or the rules made thereunder, to be determined by the request consent or decision of the owner, and the ownership of such canal is vested in more persons than one who are unable to agree as to such request consent or decision it shall be lawful to the Collector to act on behalf of the owners in any such matter, and the request consent or decision of the Collector in any such case shall be binding upon every person who possesses any share in the ownership of such canal. In every such case the Collector shall give due consideration to the wishes of the share-holder or share-holders who possess the larger interest, and when the question is one whether the Government shall be required to take any action, the wishes of such share- holder or share-holders shall prevail and be accepted by the Collector.
Section 43. Settlement of disputes
(1) Save as provided in the preceding section, whenever a dispute arises between two or more persons in regard to their mutual rights and liabilities in respect of the ownership, construction, use or maintenance of a canal or water-course, and any such person applies in writing to the Collector stating the matter in dispute, the Collector shall give notice to the other person or persons interested that on a day to be named in such notice or any such day to which the proceedings may be adjourned, he will proceed to inquire into the matter in dispute.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid.
3Ibid.
4Ibid.
(2) Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute in the following manner, that is to say,
(a) If the dispute relates to the ownership of a canal or the mutual rights of owners in the use of the water of such canal or the construction or maintenance of a canal or the payment of any share of the costs of such construction or maintenance or the distribution of the supply of water from a canal, the Collector shall proceed as a Revenue Court under the provisions of the Punjab Tenancy Act, 1887 1, and the provisions of that Act regarding appeals, revisions and reviews shall be applicable.
(b) If the dispute relates to a water-course the Collector shall hear and determine the case as a revenue officer and shall make such order thereon as to him seems fit, and such order shall unless set aside on appeal to the Commissioner be conclusive as to the use or distribution of water for any crop sown or growing at the date of such order. The order of the Commissioner on appeal shall in every such case be final.
Section 44. Acquisition of land for canals
(1) Any person who has obtained the permission of the 2[Provincial Government] to construct, or who owns a canal, may apply in writing to the Collector to take up any land required for the purposes of such canal.
(2) If the Collector is of opinion that the application should be granted, he shall submit it, with his recommendation, for the orders of the 3[Provincial Government].
(3) If, in the opinion of the 4[Provincial Government], the application should, whether in whole or in part, be granted, it may declare that the land is required for a public purpose within the meaning of the Land Acquisition Act, 1894 5, and direct the necessary action to be taken thereunder.
Section 45. Power to acquire canal by consent or otherwise
Whenever it appears to the 6[Provincial Government] expedient in the public interest to acquire any canal, the 7[Provincial Government] may by notification declare that the said canal will be acquired after a day to be named in the said notification, not being earlier than 8[one month] from the date thereof.
Section 46. Notice as to claims for compensation
As soon as practicable after the issue of such notification the Collector shall cause public notice to be given at convenient places stating that the 9[Provincial Government] intends to acquire the said canal as aforesaid and that claims for compensation in respect of the acquisition thereof may be made before him.
1India Act XVI of 1887.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
5I of 1894.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Ibid.
8Substituted for the words “six months” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 3.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
Section 47. Inquiry into claims
(1) The Collector shall proceed to inquire into any such claims and to determine the amount of compensation, which should be given to the claimant, in assessing such compensation the Collector shall proceed as provided in section 55, but for the purposes of this section he shall also have regard to the history of the canal, the expenditure incurred thereon and the profits 1[already earned by] the owner.
(2) Limitation of claims.– No claim for compensation shall be enforceable after the expiration of one year from the date of the notice under section 46, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
Section 48. Vesting of canal in 2[Government]
(1) The 3[Provincial Government] shall by notification declare the day on which a canal has been acquired by it 4[,] 5[and notwithstanding that compensation has not been assessed under section 47 or paid to the claimant, the canal shall be deemed to have been acquired on the day so declared.]
(2) Subject to the award of compensation to the owner or person interested in the said canal, when the 6[Provincial Government] acquires a canal,–
(a) the right, title and interest therein, of the owner thereof shall forthwith cease and determine;
(b) such canal, subject to any right to take water for irrigation which any person may have, shall forthwith vest in and be the absolute property of 7[the 8[Provincial Government] ].
Section 49. Power to regulate flow of water in rivers, creeks, natural channels or lines of natural drainage and to prohibit therein or order removal therefrom of obstructions
The 9[Provincial Government] may, by notification published in the official Gazette, take power to regulate the flow of water in any river, creek natural channel or line of natural drainage whether by the construction or removal of works or otherwise, and whenever it appears to such Government, after inquiry through the Collector that the supply of water to a canal or the cultivation of any land or the public health or public convenience is likely to be injuriously affected by the obstruction of any river, creek natural channel or line of natural drainage it may, by notification published as aforesaid, prohibit within the limits to be defined by such notification the formation of such obstruction, or may within such limits order the removal or other modification of such obstruction.
50. Power to remove obstruction after publication of notification, and payment of
1Substituted for the word “of” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 4.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
4Substituted for the “full-stop” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 5.
5Added ibid, s. 5.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Substituted ibid., for the words “the Government”, Article 3 read with the Sixth Schedule.
8Substituted for the words “Crown for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
compensation.– (1) The Collector 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.
(2) The Collector may himself remove or modify the obstruction–
(a) if the person to whom the order under sub-section (1) was issued fails to comply with that order within the time so fixed; and
(b) in any case where the obstruction is not caused or controlled by any person.
(3) The Collector shall determine from whom the cost of removing or modifying the obstruction shall be recovered, and the amount of compensation due to any person injuriously affected by the removal or modification of the obstruction and the person by whom such compensation shall be payable:
Provided that no compensation shall be awarded for an advantage obtained by an arbitrary or inequitable course of action.
Section 51. Power of the Collector to regulate flow of water and prohibit or remove obstructions
When the 1[Provincial Government] has by notification as provided in section 49 taken power to regulate the flow of water in any river, creek or natural channel or line of natural drainage it may authorise the Collector to exercise such power on its behalf in accordance with such rules as it may prescribe. A Collector so authorised may in the execution of such rules exercise all the powers conferred upon him by section 50, and his authority shall include the power to take such action as the 2[Provincial Government] is empowered by section 49 to take after inquiry through the Collector. Such authority may on every occasion be exercised without the publication of any further notification in the 3[Official Gazette].
Section 52. Powers as to the construction and maintenance of works in respect of canals under Schedule II
(1) The Collector may, at any time, order the owner of any canal under Schedule II to–
(a) repair and maintain, in a proper state, all or any embankments, protective works, reservoirs, channels, water-courses, sluices, out-lets and other works connected with the canal;
(b) construct, repair and maintain, in a proper state, a suitable bridge, culvert, or similar work at any place across, under, or over the canal, for the purpose of providing communication with any public road or thoroughfare which was in use before the canal was made;
(c) construct, repair and maintain, in a proper state, suitable works for the passage of the water of the canal across, under, or over any public road or thoroughfare or any canal or drainage channel which was in use before the canal was made;
(d) construct, repair and maintain, in a proper state, a suitable regulator at or near the head of the canal where, for want of such regulator, an excessive supply of water may enter the canal or cause damage to it, or any crops, lands, roads or property in the neighbourhood. “Canal” as used in this sub-section does not include “water-course”.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid. 3Ibid., for the word “Gazette”.
(2) The Collector may at any time order the owner of a water-course to perform in respect of such water-course all or any of the acts which he may under sub-section (1) order the owner of a canal to perform in respect of the canal, and may direct the owner of the canal to cease supplying water to the water-course till the owner of the water-course has complied with the order.
(3) Every order under sub-sections (1) and (2) shall be in writing, and shall specify a reasonable time within which the works or repairs mentioned therein shall be completely executed.
(4) If any order made under this section is not obeyed, to the satisfaction of the Collector, within the time therein specified, the Collector may himself execute or complete the execution of, or cause to be so executed or completed, all works or repairs specified in the order.
Section 53. Powers as to construction and maintenance of works in respect of canals under Schedule I
In the case of canals included under Schedule I, the Collector may–
(a) call upon the irrigators to discharge any of the liabilities specified in section 52, sub-section (1), which the 1[Provincial Government] may have declared to attach to the irrigators from such canal or group of canals; or
(b) himself arrange for the performance of such acts and recover the cost as
provided in section 57.
Section 54. Power to take possession and to construct works in cases of emergency
(1) If any new work is immediately required to prevent serious detriment to the utility of a canal, the Collector may, notwithstanding anything in the Land Acquisition Act, 1894 2, take immediate possession of any land required for the construction of the work.
(2) When the Collector has taken possession of any land under sub-section (1), he shall, upon application made to him in this behalf, assess and pay compensation under section 55.
(3) In the event of sudden and serious damage or urgent risk to a canal or to property situate in the immediate neighbourhood thereof, or to irrigation carried on therefrom, or to the public traffic, the Collector may, after giving previous notice, execute or cause to be executed such works as he may think necessary in order to remedy or prevent such damage or risk, and may require any irrigator to furnish such labour as to the said Collector may seem reasonable and necessary for the immediate execution of such works.
(4) Labour furnished under this section shall be paid for at the local market rate.
(5) An order passed under sub-sections (3) and (4) shall be final.
Section 55. Assessment of compensation
3[(1)] In assessing the amount of compensation to be paid under any section of this Act other than sections 12, 14, 21, 39 and 50, the Collector shall proceed under the provisions of the Land Acquisition Act, 1894 4, and the provisions of that Act 5[except sections 1[18 to 22, 25 to 28], subsection (3) of section 48
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2India Act I of 1894. 3Renumbered by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6. 4India Act I of 1894.
5Substituted for the expression “regarding inquiries and awards by the Collector, references to the civil courts and procedure thereon, apportionment of compensation, payment and appeals” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6.
and section 54] shall, as far as may be, be applicable to all proceedings under this section. 2[(2) An appeal shall lie to the Commissioner from an award made by the Collector, and to the 3[Board of Revenue], from the order passed thereon by the Commissioner:
Provided that no appeal shall lie to the 4[Board of Revenue], if the order of the Collector is confirmed on appeal by the Commissioner.]
Section 56. Compensation for right of user or in the form of a supply of water
With the consent of the parties, the Collector may, when assessing the amount of compensation to be paid, direct, in the case of an acquisition of land, that the property in such land shall remain with the owner subject to a right of user so long as the land is required for the purpose of the canal or water-course, compensation being awarded for the right of user only, or in the case of an acquisition of a canal, or of land for the purposes of a canal that the compensation shall take the form in whole or in part of a right to a supply of water from the canal which has been acquired or for the purposes of which land has been acquired.
Section 57. Apportionment and recovery of the cost of land acquired or works executed
(1) When any land is acquired under the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54 the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable–
(a) if the canal is included under Schedule II,– from the owner thereof; or
(b) if the canal is included under Schedule I,– from the irrigators or such of them as are, in the opinion of the Collector, benefited or likely to be benefited by the acquisition or equitably liable for the whole or any part of the cost of executing the work or from the proceeds of any water-rate levied under section 29; and
(c) if such appropriation is not contrary to the provisions of the record-of- rights specified in section 28 of this Act,– from the fund referred to in section 27 of this Act.
(2) When the cost of acquiring any land or of executing any work is, under the provisions of sub-section (1), recoverable from the owner of any canal or from the irrigators therefrom, or any of them, it shall be lawful for the Collector to apportion such costs as to him may seem equitable, among all or any of the persons liable for the whole or any portion thereof and such apportionment shall be final.
(3) When the cost of acquiring such land has been paid, such land, if acquired in full proprietary right, shall become the property of the canal-owner.
Section 58. Power to regulate mills
(1) The 5[Provincial Government] may, by general or
1Substituted for the expression “18 to 28, both inclusive” by the Punjab Minor Canals (Amendment) Ordinance 1985 (XII of 1985), published in the Punjab Gazette (Extraordinary), dated: 23 February 1985, s. 2.
2Added by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6.
3Substituted for the words and comma “Financial Commissioner, Revenue” by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955.
4Substituted for the words and comma “Financial Commissioner, Revenue” by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
special order, prohibit or regulate the construction of new, and regulate the use of existing, mills upon canals, and the appropriation of the water of canals for working mills.
59. Application of sections 13 to 16 of Land Revenue Act, 1887 1.– Except in so far as a contrary intention is expressed, sections 13 to 16 (both inclusive) of the 2Punjab Land Revenue Act of 1887 shall apply to all proceedings under this Act.
Section 60. Exclusion of jurisdiction of Civil Court except under Land Acquisition Act
Save as in section 55 provided, no Civil Court shall have jurisdiction in any matter which a Revenue Officer or Revenue Court is empowered by this Act to dispose of, or take cognizance of the manner in which the 3[Provincial Government] or any Revenue Officer or Revenue Court exercises any powers vested in it or him by or under this Act.
Section 61. Power to appoint officers to exercise functions under this Act
(1) The 4[Provincial Government] may appoint any person or any class of officials to perform any functions, or to exercise any powers, by this Act or the rules made thereunder conferred on or vested in the Collector, Commissioner, 5[Board of Revenue] or such Government.
(2) Such appointments may be made in respect of any canal or of all or any of the canals, situate within any specified local area.
(3) In all matters connected with this Act, the 6[Provincial Government] shall have and exercise over the 7[Board of Revenue], the Commissioner and the Collector, and the 8[Board of Revenue] shall have and exercise over the Commissioner and the Collector and the Commissioner shall have and exercise over the Collector, the same authority and control as it or they respectively have and exercise over them in the general and revenue administration.
Section 62. Powers of Collector in certain proceedings under the Act
For the purposes of every inquiry made and proceeding taken under this Act, the Collector or any other Revenue Officer authorised by him in this behalf shall have power to summon and enforce the attendance of and examine parties and witnesses and compel the production of documents, and for all or any of these purposes may exercise all or any of the powers conferred on a Civil Court by the Code of Civil Procedure, 1882 9, and every such inquiry shall, for the purposes of the 10[Pakistan] Penal Code, be deemed to be a judicial proceeding.
63. Permission to owners and parties interested in any canal to object in certain
1India Act XVII of 1887. 2XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967.
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
4Ibid.
5Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955.
8Ibid. 9India Act XIV of 1882, now the Code of civil Procedure, 1908.
10Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule.
cases.– In all cases under sections 6, 8, 11, 21, 23, 25, 30, 31, 34, 36, 38, 39, 40, 42, 43, 47, 49, 50, 52, 53 and 57 of this Act, the owners and other parties interested in the canal shall be given an opportunity of appearing before the Collector and of showing cause to the contrary.
Section 64. Mode of serving notices and making proclamations
Every summons, notice, proclamation and other process issued under this Act shall, as far as may be, be served or made in the manner provided in that behalf in sections 20, 21 and 22 of the 1Punjab Land Revenue Act, 1887.
Section 65. Bar of compensation where not expressly allowed
Save as otherwise expressly provided in this Act, no person shall be entitled to recover any compensation for anything at any time done in good faith intended to be done in exercise of any power conferred by this Act or by the rules made thereunder.
Section 66. Protection of persons acting under the Act
No suit, prosecution or other legal proceeding shall lie against any person for anything done, or in good faith intended to be done under this Act or the rules made thereunder.
Section 67. Government to be party to certain suits and proceedings
(1) In any suit or proceeding in which an entry made in any record prepared under section 28 or section 35 is directly or indirectly called in question, the Court shall, before the final settlement of issues, give notice of the suit or proceeding to the Collector, and, if moved to do so by the Collector, shall make the 2[Provincial Government] a party to the same.
(2) Bar of other suits against Government.– Save as provided in sub- section (1), no suit shall lie 3[against the 4[Provincial Government] ] in respect of anything done by the Collector or by any person acting under the orders of the 5[Provincial Government], in the exercise of any power by this Act conferred on such Collector 6[or the Provincial Government].
Section 68. Power to recover water-dues, water-rates and other charges by revenue process
All water-dues, water-rates and other payments at any time due by or to be collected from any person under any provision of this Act or under an agreement entered into by the owners of the canal or the person irrigating from it and all arrears of such water-dues, water-rates or other payments shall be recoverable as if the same were arrears of land revenue.
Section 69. Powers as regards canals, creeks, situate partly without the limits of 7[the areas to which this Act applies]
Any or all of the powers exercisable by the 8[Provincial
1India Act XVII of 1887 was subsequently replaced by the Punjab Land Revenue Act, 1967.
2Substituted for the words “Secretary of State for India in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
3ibid., for the words “against the Government”.
4Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted ibid., for the words “or Government”, Article 3 read with the Sixth Schedule.
7Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
Government] under this Act in respect of any canal, river, or creek, may be exercised by such Government in the case of any canal, river, or creek, which is or may at any time be situate partly within and partly without the limits of 1[the areas to which this Act applies] and in respect of so much of any such canal, river, or creek, as is within those limits; and in the case of any such canal, river, or creek, the 2[Provincial Government] may by notification, and notwithstanding the provisions of section 2, declare what sections of this Act shall be applicable thereto.
Section 70. Powers exercisable in cases of urgency with regard to canals situate beyond 3[the areas to which this Act applies]
In respect of any canal situate beyond the limits of 4[the areas to which this Act applies] the 5[Provincial Government] may, by notification published in the official Gazette, declare that the powers exercisable by a Collector under section 54 may under the circumstances there specified be exercised by the Collector or other authorised officer within the limits of 6[the areas to which this Act applies] for all or any of the purposes of such canal.
Section 71. Offences under the 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;
(2) interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal;
(3) interferes with or alters the flow of water in any river, creek or stream so as to endanger, damage or render less useful any canal;
(4) being responsible for the maintenance of any water-course or using a water- course, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water therefrom or uses such water in an unauthorized 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) being liable to furnish labour under this Act, fails, without reasonable cause, to supply or to assist in supplying the labour required of him;
(7) being liable to supply labour under this Act, neglects, without reasonable cause, so to supply and to continue to supply labour;
(8) destroys or removes any level-mark or water-gauge fixed by the authority of a public servant;
(9) passes or causes animals or vehicles to pass on or across any of the works, banks or channels of a canal contrary to rules made under this Act after he has been desired to desist therefrom;
1Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
4Ibid.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
(10) disobeys any order or proclamation issued under this Act, or commits any breach of any rule made thereunder;
shall be liable on conviction before a Magistrate of such class as the 1[Provincial Government] directs in this behalf, to a fine not exceeding fifty rupees or to imprisonment not exceeding one month, or to both.
Section 72. Power to arrest without a warrant
Any person in charge of or employed upon any canal managed by 2[servants of the State] or by a 3[District Council], 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;
(2) without proper authority interferes with the supply of, or flow of water in or from any canal or in any river or stream, so as to endanger, damage or render less useful any canal.
Section 73. Definition of ‘canal’ for purposes of sections 4[71 and 72]
In sections 71 and 72 the word ‘canal’ shall (unless there be something repugnant in the subject or context) be deemed to include also all lands occupied for the purposes of canals and all buildings, machinery, fences, gates and other erections, trees, crops, plantations or other produce upon such lands.
Section 74. Power to make rules
(1) The 5[Provincial Government] may make rules, consistent with this Act, regulating any matter in regard to which any power is, by this Act, conferred upon the 6[Provincial Government], or upon any 7[servant of the State], and generally to carry out the purposes of this Act.
(2) Without prejudice to the generality of the power conferred by sub-section (1), rules made under this Act may provide for the levy of a rate imposed upon land in consideration of its protection from sand or flood.
(3) All rules made under sub-section (1) shall be so made after previous publication in the Gazette.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Substituted for the words “servants of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule. They were earlier
substituted for the words “Government officers” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
3Substituted for the words “District Board” by the Punjab Laws (Amendment) Ordinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259-8267, s. 2 read with the Schedule.
4Misprinted in the original Gazette as “65 and 66”.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Substituted for the words “officer of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule. The words “of the Crown” were earlier substituted for the words “of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
SCHEDULE I
Canals District 1[* * * * * * * * * *]
Hajiwah … … … … … Multan.
2Montgomery. Kurram Canals … … … … Chachali … … … Adwala … … … Baroch … … … Lunda … … … Mitha … … … (Hill torrents) … Mianwali. Rakka … … … Jaba … … … Vahi (including Truppi and Golar) … Trimmun … … … Bhati Hill Torrent … … … … Kanwan Hill Torrent … … … … Sangarh ditto … … … … Mahoi ditto … … … …
Vehoa ditto … … … … Sori ditto … … … …
Vador ditto … … … …
Sakhi Sarwar Hill Torrent … … … Dera Ghazi Khan. Mithawan ditto … … … … Khosra ditto … … … … Kaha ditto … … … … Chachar ditto … … … … Chezgi ditto … … … … Pitok ditto … … … … Northern Sori ditto … … … … Southern Sori ditto … … … …
1Entries from “Rangoi—Hissar” to “Kiran—Gurdaspur” were omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 2Now ‘Sahiwal’.
SCHEDULE II
Canals District 1[* * * * * * * ]
Piranwala ... Amir Chandwala ... Nunanwala ... Sultan Muhammadwala Nabbiwala ... Chaharmiwala ... Left bank of Jhelum ... ... Malik Sahib Khanwala Mekananwala ... Shahpur. Malik Jahan Khanwala Sarfraz Khanwala ...
Jhammatanwala ... Nathuwala ...
Makhdumanwala ... Daimwala ... Right bank of Chenab ... ... Muhkamdinwala ...
Ahmadabad ... ... ... ... ... Jhelum.
1Entries from “Chakarpur Bund—Gurgaon” to “Natha Sing of Jhandwal’s Canal—Hoshiarpur” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule.
Print contents from the source
CONTENTS CHAPTER I Preliminary 1. Short title and local extent 2. Operation of Act 3. Definitions CHAPTER II Construction of Canals and Water-Dues 4. Prohibition against construction of canals without permission 5. Application for permission and procedure thereon 6. Power of Collector to construct canal from notified source of supply 7. Power to prohibit the unauthorised construction of and to close unauthorised canal 8. Water-dues CHAPTER III Provisions applicable to canals under Schedule I 9. This chapter applicable only to canals under Schedule I 10. General powers of Collector 11. Power of Government to suspend or extinguish rights in or over any scheduled canal on payment of compensation 12. Power to enter and survey, &c. Power to clear land Power to inspect and regulate water-supply Notice of intended entry into houses Compensation for damage caused by entry 13. Power to enter for repairs and to prevent accidents Compensation for damage to land (III of 1905) THE PUNJAB MINOR CANALS ACT, 1905 14. Power to occupy land adjacent to canal for depositing soil from canal and to excavate earth for repa irs to the banks and compensation for damage 15. Supply of water through intervening water-course 16. Application for construction of new water-course 17. Procedure of Collector thereupon 18. Application for transfer of existing water-course Procedure thereupon 19. Inquiry into, and determination, of objections to construction or transfer of water-courses 20. Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation Procedure in fixing compensation Recovery of compensation and expenses 21. Conditions binding on applicant placed in occupation 22. Construction of outlets from canals by Collector 23. Power to convert several water-courses running for a long distance side by side into one water-course 24. Procedure applicable to occupation for extensions and alterations 25. Costs of executing works under section 22 , or section 23, by whom payable 26. Power of Provincial Government to direct supply of labour by irrigators 27. Powers of Collector upon issue of notification under section 26 28. Power to prepare record for canal Water-rates 29. Levy of water-rates 30. Liability when person using unauthorisedly cannot be identified 31. Liability when water runs to waste 32. Charges recoverable in addition to penalties CHAPTER IV Provisions applicable to canals included under Schedule II 33. This chapter applicable only to canals under Schedule II 34. Power of the Collector, in certain cases, to declare or appoint a manager of a canal 35. Power of Provincial Government to apply the prov isions of section 28 to any canal 36. Power to assume control or management, or both, of a canal 37. Right of owner upon such assumption, to demand that the canal shall be acquired by the Government 38. Power to acquire canal on demand of the owner 39. Power to fix the limits of irrigation and water-rates and to regula te the distribution of water 40. Collection in certain cases, of water-rates of a canal by the Provincial Government CHAPTER V Provisions applicable to all canals 41. This chapter applicable to all canals 42. Consent or decision of the owner how to be determined 43. Settlement of disputes 44. Acquisition of land for canals 45. Power to acquire canal by consent or otherwise 46. Notice as to claims for compensation 47. Inquiry into claims Limitation of claims 48. Vesting of canal in Government 49. Power to regulate flow of water in rivers, creeks, natural channels or lines of natural drainage and to prohibit therein or o rder removal therefrom of obstructions 50. Power to remove obstruction after publication of noti fication, and payment of compensation 51. Power of the Collector to regulate flow of water and prohibit or remove obstructions 52. Powers as to the construction and maintenance of works in respect of canals under Schedule II 53. Powers as to construction and maint enance of works in respect of canals under Schedule I 54. Power to take possession and to construct works in cases of emergency 55. Assessment of compensation 56. Compensation for right of user or in the form of a supply of water 57. Apportionment and recovery of the cost of land acquired or works executed 58. Power to regulate mills 59. Application of sections 13 to 16 of Land Revenue Act, 1887 60. Exclusion of jurisdiction of Civil Court except under Land Acquisition Act 61. Power to appoint officers to exercise functions under this Act 62. Powers of Collector in certain proceeding under the Act 63. Permission to owners a nd parties i nterested in any canal to object in certain cases 64. Mode of serving notices and making proclamations 65. Bar of compensation where not expressly allowed 66. Protection of persons acting under the Act 67. Government to be party to certain suits and proceedings 68. Power to recover water -dues, water-rates and other charges by revenue process 69. Powers as regards canals, creeks situate partly without the limits of the areas to which this Act applies 70. Powers exercisable in cases of urg ency with regard to canals situate beyond the areas to which this Act applies 71. Offences under the Act 72. Power to arrest without a warrant 73. Definition of 'canal' for purposes of sections 71 and 72 74. Power to make rules
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Punjab Minor Canals
1905: Act III
CONTENTS
CHAPTER I
Preliminary
1. Short title and local extent
2. Operation of Act
3. Definitions
CHAPTER II
Construction of Canals and Water-Dues
4. Prohibition against construction of canals without permission
5. Application for permission and procedure thereon
6. Power of Collector to construct canal from notified source of supply
7. Power to prohibit the unauthorised construction of and to close
unauthorised canal
8. Water-dues
CHAPTER III
Provisions applicable to canals
under Schedule I
9. This chapter applicable only to canals under Schedule I
10. General powers of Collector
11. Power of Government to suspend or extinguish rights in or over any
scheduled canal on payment of compensation
12. Power to enter and survey, &c.
Power to clear land
Power to inspect and regulate water-supply
Notice of intended entry into houses
Compensation for damage caused by entry
13. Power to enter for repairs and to prevent accidents
Compensation for damage to land
(III of 1905)
THE PUNJAB MINOR CANALS ACT, 1905
14. Power to occupy land adjacent to canal for depositing soil from canal
and to excavate earth for repa irs to the banks and compensation for
damage
15. Supply of water through intervening water-course
16. Application for construction of new water-course
17. Procedure of Collector thereupon
18. Application for transfer of existing water-course
Procedure thereupon
19. Inquiry into, and determination, of objections to construction or transfer
of water-courses
20. Expenses to be paid by applicant for construction or transfer of
water-course before receiving occupation
Procedure in fixing compensation
Recovery of compensation and expenses
21. Conditions binding on applicant placed in occupation
22. Construction of outlets from canals by Collector
23. Power to convert several water-courses running for a long distance
side by side into one water-course
24. Procedure applicable to occupation for extensions and alterations
25. Costs of executing works under section 22 , or section 23, by whom
payable
26. Power of Provincial Government to direct supply of labour by irrigators
27. Powers of Collector upon issue of notification under section 26
28. Power to prepare record for canal
Water-rates
29. Levy of water-rates
30. Liability when person using unauthorisedly cannot be identified
31. Liability when water runs to waste
32. Charges recoverable in addition to penalties
CHAPTER IV
Provisions applicable to canals included under Schedule II
33. This chapter applicable only to canals under Schedule II
34. Power of the Collector, in certain cases, to declare or appoint a manager
of a canal
35. Power of Provincial Government to apply the prov isions of section 28 to
any canal
36. Power to assume control or management, or both, of a canal
37. Right of owner upon such assumption, to demand that the canal shall
be acquired by the Government
38. Power to acquire canal on demand of the owner
39. Power to fix the limits of irrigation and water-rates and to regula te the
distribution of water
40. Collection in certain cases, of water-rates of a canal by the Provincial
Government
CHAPTER V
Provisions applicable to all canals
41. This chapter applicable to all canals
42. Consent or decision of the owner how to be determined
43. Settlement of disputes
44. Acquisition of land for canals
45. Power to acquire canal by consent or otherwise
46. Notice as to claims for compensation
47. Inquiry into claims
Limitation of claims
48. Vesting of canal in Government
49. Power to regulate flow of water in rivers, creeks, natural channels or
lines of natural drainage and to prohibit therein or o rder removal
therefrom of obstructions
50. Power to remove obstruction after publication of noti fication, and
payment of compensation
51. Power of the Collector to regulate flow of water and prohibit or remove
obstructions
52. Powers as to the construction and maintenance of works in respect of
canals under Schedule II
53. Powers as to construction and maint enance of works in respect of
canals under Schedule I
54. Power to take possession and to construct works in cases of emergency
55. Assessment of compensation
56. Compensation for right of user or in the form of a supply of water
57. Apportionment and recovery of the cost of land acquired or works
executed
58. Power to regulate mills
59. Application of sections 13 to 16 of Land Revenue Act, 1887
60. Exclusion of jurisdiction of Civil Court except under Land Acquisition
Act
61. Power to appoint officers to exercise functions under this Act
62. Powers of Collector in certain proceeding under the Act
63. Permission to owners a nd parties i nterested in any canal to object in
certain cases
64. Mode of serving notices and making proclamations
65. Bar of compensation where not expressly allowed
66. Protection of persons acting under the Act
67. Government to be party to certain suits and proceedings
68. Power to recover water -dues, water-rates and other charges by revenue
process
69. Powers as regards canals, creeks situate partly without the limits of the
areas to which this Act applies
70. Powers exercisable in cases of urg ency with regard to canals situate
beyond the areas to which this Act applies
71. Offences under the Act
72. Power to arrest without a warrant
73. Definition of 'canal' for purposes of sections 71 and 72
74. Power to make rules
SCHEDULE I
SCHEDULE II
TEXT
1
THE PUNJAB MINOR CANALS ACT, 1905
(III of 1905)
[15 June 1905]
An
Act
to make better provision for the control and management of minor canals in
2
[certain areas
of West Pakistan].
WHEREAS it is desirable to make better provision for the exercise of control over
and for the regulation of the management of certain minor canals in
3
[certain areas of West
Pakistan];
It is hereby enacted as follows:
CHAPTER I
Preliminary
1. Short title and local extent .– (1) This Act may be called the Punjab Minor Canals
Act of 1905.
4
[(2) It extends to the Divisions of Rawalpindi, Sargodha, Lahore, Multan,
Quetta and Kalat except the Tribal Areas.]
2. Operation of Act.– (1) The provisions of this Act shall apply, to the extent and in
the manner hereinafter provided, to every canal specified in eit her Schedule I or Schedule II
as the case may be.
(2) At any time after the commencement of this Act, the
5
[Provincial Government]
may, from time to time, by notification–
(a) include any canal under either Schedule I or Schedule II, as the case
may be, or transfer a canal from one schedule to the other
schedule, and thereupon the provisions of this Act applicable to
canals included under such schedule, or such of the said provisions
as the 6
[Provincial Government] may direct, shall apply to such canal;
or
(b) exclude from the operation of this Act any canal which now is, or
1This Act was published in the Government Gazette, Punjab and its Dependencies, dated: 15 June 1905, pp. 117 -135. For
Statement of Objects and Re asons, see Punjab Gazette, 1903, Part V, p. 100; for report of the Select Committee, see ibid.,
1905, Part V, p. 7; for proceedings in Council, see ibid., 1904, Part V, p. 27 and ibid., 1905, Part V, p. 44.
2Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963),
published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 2.
3Ibid.
4Substituted ibid., s. 3.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Ibid.
hereafter may be, included under either Schedule I or Schedule II:
Provided that no canal shall be included under Schedule I, unless–
(a) it is owned in whole or in part by
1
[the Provincial Government], or
(b) is, at the commencement of this Act, managed by
2
[Servants of the State]
or by any local authority, or
(c) is situate partly within and partly without the territories to which this Act
extends, or
(d) has been included under Schedule II and is transferred to Schedule I
3
[by
direction of the Provincial Government].
(3) The 4
[* *] Canal and Drainage Act, 1873
5
, shall not apply to any canal which
is for the time being included under either Schedule I or Schedule II.
3. Definitions.– In this Act, unless there is something repugnant in subject or context–
(i) “Record-of-Rights” and “Revenue Officer” have the meanings assigned to
them respectively in the
6
Punjab Land Revenue Act, 1887;
(ii) “Canal” means any canal, natural or artificial channel or line of natural
drainage or any reservoir, dam or embankment constr ucted, maintained or
controlled for the supply or storage of water or the protection of land from
flood or sand, and includes 7
[any portion of a canal or] any water-course or
subsidiary works as defined in this section;
(iii) “Collector” means the head revenue officer of a district and includes any
officer appointed under this Act to exercise all or any of the powers of a
Collector;
(iv) “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;
(v) “Construction” and “construct” include any alteration which would materially
extend the area irrigable by a canal or any other alteration of material
importance or the renewal of a canal after disuse for six years, but do not
include the re-excavation of a canal head which has been temporarily
abandoned owing to a change in the river, the excavation of a new head
necessitated by a change in the river or a ch ange of water-courses to render
existing irrigation more efficient;
(vi) “Creek” means any channel of a river other than the main channel through
1Substituted for the words “His Majesty for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964,
published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule.
They were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
2Substituted ibid., for the words “Servants of the Crown”. They were earlier substituted for the words “Government officers”
by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1
April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
3Substituted for the words “by direction of Government” by the Government of India (Adaptation of Indian Laws) Order,
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
4The words “Northern India” were omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule.
5India Act VIII of 1873.
6XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967.
7Inserted by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary),
dated: 7 February 1952, pp. 125-126, s. 2.
which the water of the river would, unless obstructed by deposit of silt,
naturally flow at some period of the year;
(vii) “District” means a district as fixed for revenue purposes;
(viii) “Irrigator” means in respect of any land which is irrigated from a canal any
person for the time being directly deriving benefit by such irrigation and
includes a land-owner or occupancy tenant of such land;
(ix) “Labour” includes labourers, cattle and appliances necessary for the
execution of the work for which labour is to be supplied;
(x) “Mill” means any contrivance whereby the water-power of any canal is
used for grinding, sawing or pressing, or for driving or working machinery or
for any other similar purpose, and includes all subsidiary works and
structures connected with any such contrivance except the canal itself;
(xi) “Subsidiary works” means all works required for the control or maintenance
of the supply to a canal or for the maintenance of a canal in proper
condition or for the regulation of the irrigation therefrom or for the prevention
of floods or for the provision of proper drainage in connection with such
irrigation, and include also the land required for such works;
(xii) “Water-course” means any channel which is supplied with water from a
canal and which is maintained at the cost of the irrigators, and includes all
subsidiary works connected with such channel except the sluice or outlet
through which water is supplied to such channel;
(xiii) “Water-due” means whatever is payable to Government in cash or kind by
the owner of a canal for the diversion by such owner for the purposes of such
canal of the water of any river, creek or stream flowing in a natural channel
or of any lake or other natural collection of water;
(xiv) “Water-rate” means the charge made for canal water, other than a water-
due or canal advantage land-revenue rate.
CHAPTER II
Construction of Canals and Water-Dues
4. Prohibition against cons truction of canals without permission .– When the
1
[Provincial Government] has notified in this behalf any natural channel, lake or other
collection of water, no person shall, without permission previously obtained in the manner
prescribed in the section next following, construct a canal intended to be fed from any such
channel, lake or other collection of water:
Provided that nothing in this section shall apply to the construction of a water-
course from an existing canal.
5. Application for permission and procedure thereon.– (1) Any person desiring
to construct a canal intended to be fed from any source of supply which has been
notified by
2
[Provincial Government] under section 4, may apply, in writing, to the
Collector, for the permission prescribed in that section.
(2) Every application under sub-section (1) shall be in such form and shall
contain such particulars as the
3
[Provincial Government] may prescribe in that behalf.
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
2Ibid.
3Ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations.
6. Power of Collector to construct canal from notified source of supply.– (1)
When a source of supply has been notified by
1
[Provincial Government] under section 4
and the Collector considers that the construction of a canal to be fed therefrom will be
advantageous, he shall give notice by general proclamation to all persons intere sted of his
intention to construct such canal.
(2) If no objection to the construction of such canal shall have been preferred
within a period to be specified in the notice under sub-section (1), or if any such objection
has been preferred within the said period, but has been finally overruled, the Coll ector may
proceed to construct such canal.
(3) The provisions of sections 50 and 63 shall apply to all proceedings of the
Collector under sub-section (1) of this section and under the preceding section, and the
powers conferred upon the Collector by this and the preceding section shall be exercised
subject to such sanction as the
2
[Provincial Government] may prescribe and in accordance
with the rules made by such Government.
7. Power to prohibit the unauthorised construction of and to close
unauthorised canal.– (1) If any person, without the permission necessary under sections
4 and 5 of this Act, or contrary to any of the conditions of such permission, commences
to construct or proceeds with the construction of any canal, the Collector may, at any
time, by order in writing, prohibit such person, and, by general proclamation, all other
persons, from continuing the construction thereof:
Provided that, unless in the case of a construction which would materially extend the
area irrigable by a canal, no such order or proclamation, as the case may be, shall be made
or issued in respect of any canal which, at the time when it is proposed to make or issue
such order or proclamation, has been used for ir rigation for a period of three years
without interruption, other than such as was due to natural causes beyond the control of
the person aforesaid.
(2) If any person shall, at any time after the commencement of this Act,
construct a canal without the permission necessary under sections 4 and 5 of this Act,
the Collector may, with the previous sanction of the 3
[Provincial Government], close it and
shut off the supply of water thereto, and may further, by order in writing, prohibit such
person, and, by general proclamation, all other persons, from maintaining, repairing or
renewing such canal or continuing to use the water thereof.
8. Water-dues.– (1) Subject to the conditions, if any, imposed or agreed to by the
4
[Provincial Government] such Government may assess and levy water-dues in respect of–
(i) canals made after the commencement of this Act;
(ii) canals made before the commencement of this Act–
(a) when the right to, or question of, water-dues has been expressly
reserved by such Government, or
(b) when the conditions upon which the owner of the canal has been
allowed to use the water have been agreed on for a term and that
term has expired, or
(c) when such wate r-dues were already levied at the commencement of
1Ibid., for the word “Government”, Article 3 read with the Sixth Schedule.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, publish ed
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
4Ibid.
this Act.
(2) The demand on account of water-dues shall be assessed for a term of years,
and shall be limited to an amount not exceeding one-quarter of the net profits which are
likely to accrue to the owner of the canal during that term.
CHAPTER III
Provisions applicable to canals under Schedule I
9. This chapter applic able only to canals under Schedule I.– Except as the
1
[Provincial Government] may otherwise direct under section 69 the provisions of this
chapter shall apply only to canals for the time being included under Schedule I.
10. General powers of Collector.– (1) Notwithstanding the existence of any rights in or
over a canal or water-course, the Collector may–
(a) exercise all powers of control, management and direction for the efficient
maintenance and working of such canal or for t he due distribution of the
water thereof; and
(b) whenever and so long as any water-course sluice or outlet is not
maintained in proper customary repair, or any water-course sluice or outlet
through which water is supplied to any person, or, in the case of a sluice or
outlet, to any water-course or any person, is subjected to wilful damage or
wrongful enlargement, stop the supply of water to such water-course sluice
or outlet or to any person.
(2) No claim shall be enforceable against the
2
[Provincial Government] for
compensation in respect of loss caused by any order passed under sub-section (1), but any
person suffering loss by reason of any order passed under sub-section (1) (a) may claim
such remission of the ordinary charges payable for the use of the water as is authorised by
the
3
[Provincial Government]:
Provided that if any right to water entered in a record-of-rights prepared or revised
under section 28(1) or deemed under section 28(3) to have been made under this Act or
admitted in any agreement b etween the 4
[Provincial Government] and any person is
substantially diminished in consequence of action taken under sub-section (1)(a) the
Collector shall award compensation under section 55 to such person in respect of the
diminution of his right.
(3) No right to the use of the water of a canal shall be, or be deemed to have
been acquired under the
5
Indian Limitation Act, 1887, nor shall
6
[Provincial Government] be
bound to supply any person with water.
11. Power of Government to suspend or extinguish rights in or over any
scheduled canal on payment of compensation.– (1) The
7
[Provincial Government] may at
any time suspend or extinguish any right to which any person is entitled in or over any
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 193 7, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid.
3Ibid.
4Ibid.
5India Act XV of 1877, subsequently replaced by the Limitation Act, 1908 (IX of 1908).
6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
7Ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations.
canal if the exercise of such right is prejudicial to the interests of other irrigators or to the
good management, improvement or extension of the canal.
(2) In every such case the
1
[Provincial Government] shall cause to be paid to
the person whose right is suspended or extinguished, compensation to be assessed by
the Collector under section 55. In assessing compensation for the purposes of this
section, the Collector shall also have regard to the character of the right, the period during
which it has been enjoyed and the damage likely to be occasioned by its suspensi on or
extinction.
12. Power to enter and survey, &c.– The Collector or other person acting under the
general or special orders of the Collector may enter upon any land adjacent to any canal,
or through which any canal is proposed to be made, and undertak e 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 inquiry relating
to any existing or projected canal under the charge of the said Collector;
Power to clear land.– and, where otherwise such inquiry cannot be completed, the
Collector or such 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
land 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 Collector or person
proposes to enter into any building or enclosed court or garden attached to a dwelling
house not supplied with water flowing from any canal, he shall previously give the
occupier of such building, court or garden at least seven days’ notice in writing of his
intention to do so.
Compensation for damage caused by entry.– In every case of entry under
this section, the Collector shall, upon application made to him in this behalf, assess and
pay compensation for any damage which may be occasioned by any proceeding under this
section.
13. Power to enter for repairs and to prevent accidents.– In case of any accident
happening or being apprehended to a canal, the Collector 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 repai ring or
preventing such accident.
Compensation for damage to land.– In every such case, the Collector shall,
upon application made to him in this behalf, assess and pay compensation under section
55, for any damage which may be occasioned by any proceeding under this section.
14. Power to occupy land adjacent to canal for depositing soil from canal and to
excavate earth for repairs to the banks and compensation for damage .– (1) The
Collector or any person acting under his general or special orders in this behalf may,
1Ibid.
within such distance from the canal as the 1
[Provincial Government] may by rule determine,
occupy land adjacent to any canal for the purpose of–
(a) depositing upon it soil excavated from the canal, or
(b) excavating from it earth for repairs to the canal.
The Collector shall, upon application made to him in this behalf, assess and pay
compensation for any damage which may be occasioned by any proceeding under this
section.
(2) The owner of any land which has been occupied after the commencement
of this Act for any purpose under sub-section (1) and has remained in such occupation for
a period exceeding three years may require that such land shall be permanently acquired in
accordance with the provisions of section 44.
15. Supply of water throu gh intervening water -course.– Whenever application is
made to a Collector 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 said supply should not be so conveyed; and, after making inquiry on such
day, the Collector shall determine whether and on what conditions the said supply shall
be conveyed through such water-course.
The 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 Collector m ay
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.
16. Application for construction of new water-course.– Any person desiring the
construction of a new water-course may apply in writing to the Collector, stating–
(i) 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;
(ii) that he desires the Collector, in his behalf and at his cost, to do all things
necessary for acquiring such right;
(iii) that he is able to defray all costs involved in acquiring such right and
constructing such water-course.
17. Procedure of Collector thereupon.– If the Collector considers–
(i) that the construction of such water-course is expedient, and
(ii) that the statements in the application are true,
he shall call upon the applicant to make such deposit as the Collector 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 20;
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
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
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.
18. Application for transfer of existing water-course.– Any person desiring that an
existing water-course should be transferred from it’s present owner to himself, may apply
in writing to the Collector stating–
(i) that he has endeavoured unsuccessfully to procure such transfer from the
owner of such water-course;
(ii) that he desires the Collector, in his behalf, and at his cost, to do all things
necessary for procuring such transfer;
(iii) that he is able to defray the cost of such transfer.
Procedure thereupon.– If the Collector 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 Collector 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 20 in respect of
such transfer;
and, upon such deposit being made, he shall publish a notice of the appli cation in
every village affected.
19. Inquiry into, and determination of, objections to construction or transfer of
water-courses.– (1) When within thirty days from the publication of a notice under section
17 or section 18 as the case may be, any person interested in the land or water-course
to which the notice refers, applies to the Collector as aforesaid, stating his objection to the
construction or transfer for which application has been made, the Collector shall give notice
to the other persons interested that, on a day to be named in such notice or any
subsequent day to which the proceedings may be adjourned, he will proceed to inquire into
the matter in dispute or into the validity of such objections as the case may be.
(2) Upon the day so named or any such subsequent day as aforesaid, the
Collector shall proceed to hear and determine the dispute or the objection as the case may
be.
20. Expenses to be paid by applicant for construction or transfer of water-course
before receiving occupation.– No applicant under section 16 or section 18, as the case
may be, 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.– Compensation to be made under this section
shall be assessed as provided in section 55, but the Collector may, if the person to be
compensated so desire, 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, and shall, when recovered, be paid by him to the person
entitled to receive the same.
21. Conditions binding on applicant placed in occupation.– (1) When any such
applicant has duly complied with the conditions laid down in section 20, he shall be
placed in occupation of the land or water-course as aforesaid, and the following rules and
conditions shall be thereafter binding on him and his representative in interest:–
(a) In all cases,
First– All works necessary for the passage across such water-course or water-
courses existing previous to its construction and of the drainage intercepted by it,
and for affording proper communications across it for the convenience of the
neighbouring lands, shall be constructed by the applicant, and be maintained
by him or his representative in interest to the satisfaction of the Collector.
Second– Land occupied for a water-course under the provisions of section 17 shall
be used only for the purposes of such water-course.
Third– The proposed water-course shall be completed to the satisfaction of the
Collector within one year after the applicant is placed in occupation of the land.
(b) In cases in which land is occupied or a water-course is transferred, on the
terms of a rent-charge,
Fourth– The applicant or his representative in interest shall, so long as he occupies
such land or water-course, pay rent for the same at such rate and on such
days as are determined by the Collector when the applicant is placed in occupation.
Fifth– If the right to occupy the land cease owing to a breach of any of these
rules, the liability to pay the said rents shall continue until the applicant or his
representative in interest has restored the land to its original condition, or until he
has paid, by way of compensation for any injury done to the said land, such
amount and to such person as the Collector determines.
Sixth– The Collector may, on the application of the person entitled to receive such
rent or compensation, determine the amount of rent due or assess the amount of
such compensation; and if any such rent or compensation be not paid by the
applicant or his representative in interest, the Collector may recover the amount,
with interest thereon at the rate of six per cent. per annum from the date on which
it became due, and shall pay the same, when recovered, to the person to whom it is
due.
(2) 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.
22. Construction of outlets from canals by Collector.– The Collector may construct
or repair or alter a sluice or outlet to regulate the supply of water from a canal to any water -
course.
23. Power to convert several water-courses running for a long distance side by
side into one water-course.– (1) In cases where there are water-courses running side
by side or so situated as to interfere with the economical use or proper management of the
water-supply, the Collector, if applied to for that purpose, or on his own motion may require
the owners to make arrangements to his satisfaction to unite the water -courses or to
substitute for them such system as may have been approved by him.
(2) If the owners fail within such time as the Collector may fix to comply with any
order passed by him under sub-section (1) the Collector may himself execute the work.
(3) Whenever a water-course has been reconstructed or a new system
substituted under sub-section (1) or sub-section (2), the Collector may fix the shares in
which the water shall be enjoyed by the persons entitled to use the water-course.
24. Procedure applicable to occup ation 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.
25. Costs of executing works under section 22, or section 23, by whom
payable.– In every case under section 22 or section 23, the cost of executing or
completing the works shall be payable by such person or persons deriving benefit from the
water-course as the Collector may in each case determine.
26. Power of
1
[Provincial Government] to direct supply of labour by irrigators.– The
2
[Provincial Government] may, by notification, direct that the irrigators from any canal or any
two or more adjacent canals shall be bound to furnish labour free of cost to Government
for the purpose of effecting the annual silt clearance of such canal or canals or of
maintaining such canal or canals in a state of efficiency or of executing any work
necessary thereto, in either of the following cases, namely:–
(a) whenever such irrigators are bound, by a condition entered in the record-
of-rights of such canal or canals or of the estates supplied with water
therefrom or by established custom, to furnish such labour, or
(b) whenever the land-owners who are responsible for the payment of more
than half the land-revenue assessed on the land irrigated from such canal, or
canals, agree to undertake to supply such labour.
27. Powers of Collector upon issue of notification under section 26.– Upon the
issue of a notification unde r section 26 the Collector may, from time to time, by general or
special order,–
(a) determine the amount of labour to be provided or the amount of work to be
performed by each irrigator;
(b) regulate the a ttendance, distribution and c ontrol of the labourers provided or
the manner of the performance of the work;
(c) assess and recover the cost of such labour from any person who fails to
comply with an order passed under this section; and
(d) fund all costs so recovered and expend them on the provision of hired
labour for any of the canals to which the notification applies, or subject to
the provisions, if any, of a record-of-rights specified in section 26 or section
28, on any other purpose connected with the well- being thereof:
Provided that the costs assessed as aforesaid shall not exceed eight annas for each
day’s labour of each of the labourers in respect of whom default has occurred.
28. Power to prepare record for canal.– (1) The Collector shall, whenever the
3
[Provincial Government] may, by special order or by the rules made under the authority
of this Act, so direct, prepare or revise for any canal a record showing all or any of the
following matters, namely:–
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
(a) the custom or rule of irrigation;
(b) the rights to water and the conditions on which such rights are enjoyed;
(c) the rights as to the erection, repair, re-construction and working of mills, and
the conditions on which such rights are enjoyed; and
(d) such other matters as the
1
[Provincial Government] may by rule prescribe in
this behalf.
(2) Entries in the record so prepared or revised shall be relevant as evidence in
any dispute as to the matters recorded, and shall be presumed to be true until the contrary
is proved or a new entry is lawfully substituted therefor:
Provided that no such entry shall be so construed as to limit any of the powers
conferred on
2
[the Provincial Government] by this Act.
(3) When a record showing all or any of the matters enumerated in sub-section
(1) has been framed at any settlement of the land revenue already sanctioned by
3
[the
Provincial Government] and has been attested by a revenue officer, such record shall be
deemed to have been made under this section.
(4) Every person interested shall be bound to furnish to the Collector, or to any
person acting under the direction of the Collector, all information necessary for the correct
preparation of a record under this section.
(5) The provisions of Chapter IV of the 4
Punjab Land Revenue Act, 1887, shall,
so far as may be, apply to the preparation and revision of every such record.
Water-rates
29. Levy of water-rates.– (1) Subject to the terms of any agreement made by it with the
owners or irrigators, the
5
[Provincial Government] may, by notification, direct that a rate or
rates shall be levied for the use of water of a canal in an authorised manner.
(2) The
6
[Provincial Government] may, by notification, also impose a special rate
for all water obtained or used without authority or in an unauthorised manner.
(3) The rate or rates imposed under sub-section (1) or sub-section (2) shall be
leviable from such persons deriving benefit from the water as the
7
[Provincial Government]
may, by general or special rule, direct.
(4) Subject to the terms of any such agreement as aforesaid, the proceeds of
any rate or rates levied under this section shall be disposed of in such manner as the
8
[Provincial Government] may, by general or special rule, direct.
30. Liability when person using unauthorisedly cannot be identified.– If water
supplied through a water-course be used in an unauthorised manner, and if the person by
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid., for the word “Government”, Article 3 read with the Sixth Schedule.
3Ibid., for the words “the Government”.
4XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Ibid.
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
8Ibid.
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 wat er supplied through such water -
course,
shall be liable, or jointly liable as the case may be, to the charges made for such use.
31. 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 Collector, the person through whose
act or neglect such water was suffered to run to waste cannot be discovered, all the
persons chargeable in respect of the water supplied through such water -course shall be
jointly liable for the charges made in respect of the water so wasted.
32. 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.
All questions under section 30 or section 31 shall be decided by the Collector.
CHAPTER IV
Provisions applicable to canals included
under Schedule II
33. This chapter applicable only to canals under Schedule II.– Except as the
1
[Provincial Government] may otherwise direct under section 69 the provisions of this
chapter shall apply only to canals for the time being included under Schedule II.
34. Power of the Collector, in certain cases, to declare or appoint a manager of a
canal.– Where there are numerous share-holders in the ownership of a canal, or where it
is difficult to ascertain the persons who are share-holders or the extent of the interest of
the share-holders, or any of them, the Collector may, if there is no proper manager or
representative, require by a proclamation or notice in writing, the share-holders to
nominate, within a given period, a fit person as manager of the canal and their
representative, and upon their failure to do so, may himself appoint any person to be the
manager of such canal and the representative of the share-holders, and the person so
appointed may thereupon do all acts and things which the share-holders or any of
them might lawfully do in regard to the management of such canal, and all acts and
things so done by him shall be binding upon every person who possesses any share in the
ownership of such canal.
35. Power of
2
[Provincial Government] to apply the provisions of section 28 to any
canal.– The
3
[Provincial Government] may, by notification, declare all or any of the
provisions of section 28 (as to the preparation and revision of records) to be applicable to
any canal, and, upon any such declaration being made, such provisions shall, as far as
may be, apply accordingly.
36. Power to assume control or management, or both, of a canal.– (1) It shall be
1Ibid.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
lawful for the
1
[Provincial Government], by notification, to assume the control or
management, or both, of any canal–
(a) if the owner of such canal consents thereto, and subject to the condition
(if any) on which such consent may in any case be given;
(b) if, after enquiry, the
2
[Provincial Government] is satisfied that the control or
management exercised by or on behalf of the owner is such as causes grave
injury to the property or health of persons owning lands in the vicinity;
(c) in the event of any wilful and con tinuous breach of orders issued under
section 39 of this Act.
(2) When the control or management, or both, of any canal is assumed under
the provisions of sub-section (1), the
3
[Provincial Government] may exercise all or any of
the rights and powers in regard thereto which, but for such assumption, the owner might
lawfully have exercised, and may delegate such powers or any of them to any person, but
Government shall, in the absence of any decree or agreement to the contrary, be liable to
account, from time to time, to such owners for the income and expenditure thereof and
may at any time restore the canal to the owner.
37. Right of owner upon such assumption, to demand that the canal shall be
acquired by the Government .– When the control or management, or both, of a canal
shall be assumed by the
4
[Provincial Government] under clause ( b) or clause (c) of sub-
section (1) of section 36, and such control or management shall have continued for a period
exceeding six years, the owner thereof may, by notice in writing delivered to the Collector,
require that the Government shall acquire such canal.
38. Power to acquire can al on dem and of the owner .– On receipt of notice under
section 37 the
5
[Provincial Government] shall by notification declare that the said canal will
be acquired after a day to be named in the said notification, not being earlier than three
months from the date thereof, and after the issue of such notification the Collector sha ll
proceed as in sections 46 and 47 provided.
39. Power to fix the limits of irrigation and water-rates and to regulate the
distribution of water .– The
6
[Provincial Government] may after inquiry through the
Collector, in respect of any canal, issue orders as to all or any of the following things,
namely–
(a) fixing the limits within which land may be irrigated from such canal;
(b) fixing, as it may deem equitable, the amount and character of the water-
rates leviable by the owner, and the conditions on which such rates a re to be
paid, suspended, remitted or refunded;
(c) regulating the supply and distribution of the water to and from such canal:
Provided that if any land which has been continuously irrigated from the canal
for three years previously is deprived of irrigation, or the income of the canal-owner from
such canal is materially reduced by reason of any order passed under this section, the
1Ibid.
2Ibid.
3Ibid.
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
5Ibid.
6Ibid.
owners of such land or the canal-owner shall be paid by Government or by such persons
as Government may determine such compensation as the Collector may consider
reasonable.
Provided further that if the canal owner has in the opinion of the
1
[Provincial
Government] exercised his powers as such in an a rbitrary or inequitable mann er he shall
not be entitled to compensation under this section.
40. Collection, in certain cases, of water-rates of a canal by the
2
[Provincial
Government].– (1) The
3
[Provincial Government] may, at the request of the owner,
undertake the collection of the water-rates leviable in respect of a canal for such period as
may be agreed upon with him, and may, thereupon,–
(a) regulate such collection and determine the persons by whom it shall be made;
(b) direct that by way of payment for service rendered in making such collection,
deductions shall be made not exceed ing three per cent . of the amount
collected.
(2) During the period for which the
4
[Provincial Government] has undertaken the
collection of the water-rates leviable in resp ect of a canal, no suit for the recovery of any
such rates shall be instituted.
CHAPTER V
Provisions applicable to all canals
41. This chapter applicable to all canals.– Save as otherwise hereinafter expressly
provided, the provisions of this chapter shall be applicable to all canals, whether included
under Schedule I or under Schedule II.
42. Consent or decision of the owner how to be determined.– Whenever, in respect
of any canal, any question arises which has under this Act or the rules made thereunder,
to be determined by the request consent or decision of the owner, and the ownership of
such canal is vested in more persons than one who are unable to agree as to such
request consent or decision it shall be lawful to the Collector to act on behalf of the
owners in any such matter, and the request consent or decision of the Collector in any
such case shall be binding upon every person who possesses any share in the ownership of
such canal.
In every such case the Collector shall give due consideration to the wishes of the
share-holder or share-holders who possess the larger interest, and when the question is
one whether the Government shall be required to take any action, the wishes of such share-
holder or share-holders shall prevail and be accepted by the Collector.
43. Settlement of disputes.– (1) Save as provided in the preceding section, whenever a
dispute arises between two or more persons in regard to their mutual rights and liabilities in
respect of the ownership, construction, use or maintenance of a canal or water-course,
and any such person applies in writing to the Collector stating the matter in dispute, the
Collector shall give notice to the other person or persons interested that on a day to be
named in such notice or any such day to which the proceedings may be adjourned, he will
proceed to inquire into the matter in dispute.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid.
3Ibid.
4Ibid.
(2) Upon the day so named or any such subsequent day as aforesaid, the
Collector shall proceed to hear and determine the dispute in t he following manner, that is to
say,
(a) If the dispute relates to the ownership of a canal or the mutual rights of
owners in the use of the water of such canal or the construction or
maintenance of a canal or the payment of any share of the costs of such
construction or maintenance or the distribution of the supply of water from a
canal, the Collector shall proceed as a Revenue Court under the provisions of
the Punjab Tenancy Act, 1887
1
, and the provisions of that Act r egarding
appeals, revisions and reviews shall be applicable.
(b) If the dispute relates to a water-course the Collector shall hear and determine
the case as a revenue officer and shall make such order thereon as to him
seems fit, and such order shall unless set aside on appeal to the
Commissioner be conclusive as to the use or distribution of water for any
crop sown or growing at t he date of such order. The order of the
Commissioner on appeal shall in every such case be final.
44. Acquisition of land for canals.– (1) Any person who has obtained the
permission of the
2
[Provincial Government] to construct, or who owns a canal, may apply in
writing to the Collector to take up any land required for the purposes of such canal.
(2) If the Collector is of opinion that the application should be granted, he shall
submit it, with his recommendation, for the orders of the
3
[Provincial Government].
(3) If, in the opinion of the 4
[Provincial Government], the application should,
whether in whole or in part, be granted, it may declare that the land is required for a public
purpose within the meaning of the Land Acquisition Act, 189 4
5
, and direct the necessary
action to be taken thereunder.
45. Power to acquire canal by consent or otherwise.– Whenever it appears to the
6
[Provincial Government] expedient in the public interest to acquire any canal, the
7
[Provincial Government] may by notification declare that the said canal will be acquired after
a day to be named in the said notification, not being earlier than 8
[one month] from the date
thereof.
46. Notice as to claims for compensation .– As soon as practicable after the issue of
such notification the Collector shall cause public notice to be given at convenient places
stating that the 9
[Provincial Government] intends to acquire the said canal as aforesaid and
that claims for compensation in respect of the acquisition thereof may be made before him.
1India Act XVI of 1887.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid.
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
5I of 1894.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Ibid.
8Substituted for the words “six months” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the
Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 3.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
47. Inquiry into claims.– (1) The Collector shall proceed to inquire into any such
claims and to determine the amount of compens ation, which should be given to the
claimant, in assessing such compensation the Collector shall proceed as provided in
section 55, but for the purposes of this section he shall also have regard to the history of
the canal, the expenditure incurred thereon and the profits 1
[already earned by] the owner.
(2) Limitation of claims.– No claim for compensation shall be enforceable after
the expiration of one year from the date of the notice under section 46, unless the
Collector is satisfied that the claimant had sufficient cause for not mak ing the claim within
such period.
48. Vesting of canal in
2
[Government].– (1) The
3
[Provincial Government] shall by
notification declare the day on which a canal has been acquired by it
4
[,] 5
[and
notwithstanding that compensation has not been assessed under section 47 or paid to the
claimant, the canal shall be deemed to have been acquired on the day so declared.]
(2) Subject to the award of compensation to the owner or person interested in
the said canal, when the
6
[Provincial Government] acquires a canal,–
(a) the right, title and interest therein, of the owner thereof shall forthwith cease
and determine;
(b) such canal, subject to any right to take water for irrigation which any
person may have, shall forthwith vest in and be the absolute property of
7
[the
8
[Provincial Government] ].
49. Power to regulate flow of water in r ivers, creeks, natural channels or lines of
natural drainage and to prohibit therein or order removal therefrom of obstructions.–
The
9
[Provincial Government] may, by notification published in the official Gazette, take
power to regulate the flow of water in any river, creek natural channel or line of natural
drainage whether by the construction or removal of works or otherwise, and whenever it
appears to such Government, after inquiry through the Collector that the supply of water to
a canal or the cultivation of any land or the public health or public convenience is likely to
be injuriously affected by the obstruction of any river, creek natural channel or line of
natural drainage it may, by notification published as aforesaid, prohibit within the limits to
be defined by such notification the formation of such obstruction, or may within such
limits order the removal or other modification of such obstruction.
50. Power to remove o bstruction after pu blication of notification, and p ayment of
1Substituted for the word “of” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab
Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 4.
2Substituted for the words “the C rown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
3Substituted for the words “Local Government” by the Government of India (A daptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
4Substituted for the “full-stop” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab
Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 5.
5Added ibid, s. 5.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Substituted ibid ., for the words “the Government”, Article 3 read with the Sixth Schedule.
8Substituted for the words “Crown for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964,
published in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
compensation.– (1) The Collector 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.
(2) The Collector may himself remove or modify the obstruction–
(a) if the person to whom the order under sub-section (1) was issued fails to
comply with that order within the time so fixed; and
(b) in any case where the obstruction is not caused or controlled by any person.
(3) The Collector shall determine from whom the cost of removing or modifying
the obstruction shall be recovered, and the amount of compensation due to any person
injuriously affected by the removal or modification of the obstruction and the pers on by
whom such compensation shall be payable:
Provided that no compensation shall be awarded for an advantage obtained by
an arbitrary or inequitable course of action.
51. Power of the Collector to regulate flow of water and prohibit or remove
obstructions.– When the
1
[Provincial Government] has by notification as provided in
section 49 taken power to regulate the flow of water in any river, creek or natural
channel or line of natural drainage it may authorise the Collector to exercise such power
on its behalf in accordance with such rules as it may prescribe. A Collector so authorised
may in the execution of such rules exercise all the powers conferred upon him by section
50, and his authority shall include the power to take such action as the
2
[Provincial
Government] is empowered by section 49 to take after inquiry through the Collector. Such
authority may on every occasion be exercised without the publication of any further
notification in the
3
[Official Gazette].
52. Powers as to the construction and maintenance of works in respect of canals
under Schedule II.– (1) The Collector may, at any time, order the owner of any canal under
Schedule II to–
(a) repair and maintain, in a proper state, all or any embankments, protective
works, reservoirs, channels, water-courses, sluices, out-lets and other works
connected with the canal;
(b) construct, repair and maintain, in a proper state, a suitable bridge, culvert,
or similar work at any place across, under, or over the canal, for the
purpose of providing communication with any public road or thorough fare
which was in use before the canal was made;
(c) construct, repair and maintain, in a proper state, suitable works for the
passage of the water of the canal across, under, or over any public road or
thoroughfare or any canal or drainage channel which was in use before the
canal was made;
(d) construct, repair and maintain, in a proper state, a suitable regulator at or
near the head of the canal where, for want of such regulator, an excessive
supply of water may enter the canal or cause damage to it, or any crops,
lands, roads or property in the neighbourhood.
“Canal” as used in this sub-section does not include “water-course”.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid.
3Ibid., for the word “Gazette”.
(2) The Collector may at any time order the owner of a water-course to perform
in respect of such water-course all or any of the acts which he may under sub-section (1)
order the owner of a canal to perform in respect of the canal, and may direct the owner
of the canal to cease supplying water to the water-course till the owner of the water-course
has complied with the order.
(3) Every order under sub-sections (1) and (2) shall be in writing, and shall
specify a reasonable time within which the works or repairs men tioned therein shall be
completely executed.
(4) If any order made under this section is not obeyed, to the satisfaction of the
Collector, within the time therein specified, the Collector may himself execute or complete
the execution of, or cause to be so executed or completed, all works or repairs specified in
the order.
53. Powers as to construction and maintenance of works in respect of canals
under Schedule I.– In the case of canals included under Schedule I, the Collector may–
(a) call upon the irrigators to discharge any of the liabilities specified in section
52, sub-section (1), which the
1
[Provincial Government] may have declared
to attach to the irrigators from such canal or group of canals; or
(b) himself arrange for the performance of such acts and recover the cost as
provided in section 57.
54. Power to take possession and to construct works in cases of emergency.– (1)
If any new work is immediately required to prevent serious detriment to the utility of a canal,
the Collector may, notwithstanding anything in the Land Acquisition Act, 1894
2
, take
immediate possession of any land required for the construction of the work.
(2) When the Collector has taken possession of any land under sub-section
(1), he shall, upon application made to him in this behal f, assess and pay compensation
under section 55.
(3) In the event of sudden and serious damage or urgent risk to a canal or to
property situate in the immediate neighbourhood thereof, or to irrigation carried on
therefrom, or to the public traffic, the Collector may, after giving previous notice, execute
or cause to be executed such works as he may think necessary in order to remedy or
prevent such damage or risk, and may require any irrigator to furnish such labour as to
the said Collector may seem reasonable and necessary for the immediate execution of
such works.
(4) Labour furnished under this section shall be paid for at the local market rate.
(5) An order passed under sub-sections (3) and (4) shall be final.
55. Assessment of compensation.–
3
[(1)] In assessing the amount of compensation
to be paid under any section of this Act other than sections 12, 14, 21, 39 and 50, the
Collector shall proceed under the provisions of the Land Acquisition Act, 1894
4
, and the
provisions of that Act
5
[except sections 1
[18 to 22, 25 to 28], subsection (3) of section 48
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2India Act I of 1894.
3Renumbered by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette
(Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6.
4India Act I of 1894.
5Substituted for the expression “regarding inquiries and awards b y the Collector, references to the civil courts and procedure
thereon, apportionment of compensation, payment and appeals” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of
1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6.
and section 54] shall, as far as may be, be applicable to all proceedings under this section.
2
[(2) An appeal shall lie to the Commissioner from an award made by the
Collector, and to the 3
[Board of Revenue], from the ord er passed thereon by the
Commissioner:
Provided that no appeal shall lie to the
4
[Board of Revenue], if the order of the
Collector is confirmed on appeal by the Commissioner.]
56. Compensation for right of user or in the form of a supply of water.– With the
consent of the parties, the Collector may, when assessing the amount of compensation to
be paid, direct, in the case of an acquisition of land, that the property in such land shall
remain with the owner subject to a right of user so long as the land is required for the
purpose of the canal or water-course, compensation being awarded for the right of user
only, or in the case of an acquisition of a canal, or of land for the purposes of a canal that
the compensation shall take the form in whole or in part of a right to a supply of water
from the c anal which has been acquired or f or the purposes of which land has been
acquired.
57. Apportionment and recovery of the cost of land acquired or works executed.–
(1) When any land is acquired under the provisions of section 44, or when any work is
executed by or under the orders of the Collector under the provisions of section 50,
section 52, section 53 or section 54 the cost of acquiring such land or of executing such
work, as the case may be, shall be recoverable–
(a) if the canal is included under Schedule II,– from the owner thereof; or
(b) if the canal is included under Schedule I,– from the irrigators or such of them
as are, in the opinion of the Collector, benefited or likely to be benefited by
the acquisition or equitably liable for the whole or any part of the cost of
executing the work or from the proceeds of any water -rate levied under
section 29; and
(c) if such appropriation is not contrary to the provisions of the record-of-
rights specified in section 28 of this Act, – from the fund referred to in section
27 of this Act.
(2) When the cost of acquiring any land or of executing any work is, under
the provisions of sub-section (1), recoverable from the owner of any canal or from the
irrigators therefrom, or any of them, it shall be lawful for the Collector to apportion such
costs as to him may seem equitable, among all or any of the persons liable for the whole or
any portion thereof and such apportionment shall be final.
(3) When the cost of acquiring such land has been paid, such land, if acquired
in full proprietary right, shall become the property of the canal-owner.
58. Power to regulate mills.– (1) The 5
[Provincial Government] may, by general or
1Substituted for the expression “18 to 28, both inclusive” by the Punjab Minor Canals (Amendment) Ordinance 1985 (XII of
1985), published in the Punjab Gazette (Extraordinary), dated: 23 February 1985, s. 2.
2Added by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary),
dated: 7 February 1952, pp. 125-126, s. 6.
3Substituted for the words and comma “Financial Commissioner, Revenue” by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s.
3 read with the Schedule III: it came into force on 14 October 1955.
4Substituted for the words and comma “Financial Commissio ner, Revenue” by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s.
3 read with the Schedule III: it came into force on 14 October 1955.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
special order, prohibit or regulate the construction of new, and regulate the use of existing,
mills upon canals, and the appropriation of the water of canals for working mills.
59. Application of sections 13 to 16 of Land Revenue Act, 1887
1
.– Except in so far
as a contrary intention is expressed, sections 13 to 16 (both inclusive) of the 2
Punjab
Land Revenue Act of 1887 shall apply to all proceedings under this Act.
60. Exclusion of jurisdiction of Civil Court except under Land Acquisition Act.–
Save as in section 55 provided, no Civil Court shall have jurisdiction in any matter which
a Revenue Officer or Revenue Court is empowered by this Act to dispose of, or take
cognizance of the manner in which the
3
[Provincial Government] or any Revenue Officer or
Revenue Court exercises any powers vested in it or him by or under this Act.
61. Power to appoint officers to exercise functions under this Act.– (1) The
4
[Provincial Government] may appoint any person or any class of officials to perform any
functions, or to exercise any powers, by this Act or the rules made thereunder conferred on
or vested in the Collector, Commissioner,
5
[Board of Revenue] or such Government.
(2) Such appointments may be made in respect of any canal or of all or any of
the canals, situate within any specified local area.
(3) In all matters connected with this Act, the
6
[Provincial Government] shall
have and exercise over the
7
[Board of Revenue], the Commissioner and the Collector,
and the
8
[Board of Revenue] shall have and exercise over the Commissioner and the
Collector and the Commissioner shall have and exercise over the Collector, the same
authority and control as it or they respectively have and exercise over them in the general
and revenue administration.
62. Powers of Collector in certain proceedings under the Act.– For the purposes of
every inquiry made and proceeding taken under this Act, the Collector or any other
Revenue Officer authorised by him in this behalf shall have power to summon and
enforce the attendance of and examine parties and witnesses and compel the production
of documents, and for all or any of these purposes may exercise all or any of the powers
conferred on a Civil Court by the Code of Civil Procedure, 1882
9
, and every such inquiry
shall, for the purposes of the 10
[Pakistan] Penal Code, be deemed to be a judicial proceeding.
63. Permission to owners and parties interested in any canal to object in certain
1India Act XVII of 1887.
2XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967.
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
4Ibid.
5Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule
III: it came into force on 14 October 1955.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI o f
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule
III: it came into force on 14 October 1955.
8Ibid.
9India Act XIV of 1882, now the Code of civil Procedure, 1908.
10Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule.
cases.– In all cases under sections 6, 8, 11, 21, 23, 25, 30, 31, 34, 36, 38, 39, 40, 42, 43,
47, 49, 50, 52, 53 and 57 of this Act, the owners and other parties interested in the canal
shall be given an opportunity of appearing before the Collector and of showing cause to the
contrary.
64. Mode of serving notices and making proclamations.– Every summons, notice,
proclamation and other process issued under this Act shall, as far as may be, be
served or made in the manner provided in that behalf in sections 20, 21 and 22 of the
1
Punjab Land Revenue Act, 1887.
65. Bar of compensation where not expressly allowed.– Save as otherwise
expressly provided in this Act, no person shall be entitled to recover any compensation for
anything at any time done in good faith intended to be done in exercise of any power
conferred by this Act or by the rules made thereunder.
66. Protection of persons acting under the Act.– No suit, prosecution or other legal
proceeding shall lie against any person for anything done, or in good faith intended to be
done under this Act or the rules made thereunder.
67. Government to be party to certain suits and proceedings.– (1) In any suit or
proceeding in which an entry made in any record prepared under section 28 or section 35 is
directly or indirectly called in question, the Court shall, before the final settlement of issues,
give notice of the suit or proceeding to the Collector, and, if moved to do so by the
Collector, shall make the
2
[Provincial Government] a party to the same.
(2) Bar of other suits against Government.– Save as provided in sub-
section (1), no suit shall lie
3
[against the
4
[Provincial Government] ] in respect of anything
done by the Collector or by any person a cting under the orders of the
5
[Provincial
Government], in the exercise of any power by this Act conferred on such Collector
6
[or the
Provincial Government].
68. Power to recover water-dues, water-rates and other charges by revenue
process.– All water-dues, water-rates and other payments at any time due by or to be
collected from any person under any provision of this Act or under an agreement entered
into by the owners of the canal or the person irrigating from it and all arrears of such
water-dues, water-rates or other payments shall be recoverable as if the same were arrears
of land revenue.
69. Powers as regards canals, creeks, situate partly without the limits of
7
[the
areas to which this Act applies].– Any or all of the powers exercisable by the
8
[Provincial
1India Act XVII of 1887 was subsequently replaced by the Punjab Land Revenue Act, 1967.
2Substituted for the words “Secretary of State for India in Council” by the Government of India (Adaptation of Indian Laws)
Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth
Schedule.
3ibid., for the words “against the Government”.
4Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted ibid., for the words “or Government”, Article 3 read with the Sixth Schedule.
7Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963),
published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
Government] under this Act in respect of any canal, river, or creek, may be exercised by
such Government in the case of any canal, river, or creek, which is or may at any time be
situate partly within and partly without the limits of
1
[the areas to which this Act applies]
and in respect of so much of any such canal, river, or creek, as is within those limits; and in
the case of any such canal, river, or creek, the
2
[Provincial Government] may by notification,
and notwithstanding the provisions o f section 2, declare what sections of this Act shall be
applicable thereto.
70. Powers exercisable in cases of urgency with regard to canals situate beyond
3
[the areas to which this Act applies].– In respect of any canal situate beyond the
limits of
4
[the areas to which this Act applies] the
5
[Provincial Government] may, by
notification published in the official Gazette, declare that the powers exercisable by a
Collector under section 54 may under the circumstances there specified be exercised by the
Collector or other authorised officer within the limits of
6
[the areas to which this Act applies]
for all or any of the purposes of such canal.
71. Offences under the 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;
(2) interferes with, increases or diminishes the supply of water in, or the flow
of water from, through, over or under any canal;
(3) interferes with or alters the flow of water in any river, creek or stream so as
to endanger, damage or render less useful any canal;
(4) being responsible for the maintenance of any water-course or using a water-
course, neglects to take proper precautions for the prevention of waste of the water thereof,
or interferes with the authorized distribution of the water therefrom or uses such water in
an unauthorized 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) being liable to furnish labour under this Act, fails, without reasonable cause,
to supply or to assist in supplying the labour required of him;
(7) being liable to supply labour under this Act, neglects, without reasonable
cause, so to supply and to continue to supply labour;
(8) destroys or removes any level-mark or water-gauge fixed by the authority
of a public servant;
(9) passes or causes animals or vehicles to pass on or across any of the
works, banks or channels of a canal contrary to rules made under this Act after he has
been desired to desist therefrom;
1Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963),
published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963),
published in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
4Ibid.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of
West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4.
(10) disobeys any order or proclamation issued under this Act, or commits any
breach of any rule made thereunder;
shall be liable on conviction before a Magistrate of such class as the
1
[Provincial
Government] directs in this behalf, to a fine not exceeding fifty rupees or to imprisonment
not exceeding one month, or to both.
72. Power to arrest without a warrant.– Any person in charge of or employed
upon any canal managed by
2
[servants of the State] or by a
3
[District Council], 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;
(2) without proper authority interferes with the supply of, or flow of water in or
from any canal or in any river or stream, so as to endanger, damage or render less useful
any canal.
73. Definition of ‘canal’ for purposes of sections
4
[71 and 72].– In sections 71 and
72 the word ‘canal’ shall (unless there be something repugnant in the subject or context)
be deemed to include also all lands occupied for the pur poses of canals and all
buildings, machinery, fences, gates and other erections, trees, crops, plantations or other
produce upon such lands.
74. Power to make rules.– (1) The
5
[Provincial Government] may make rules,
consistent with this Act, regulating any matter in regard to which any power is, by this
Act, conferred upon the
6
[Provincial Government], or upon any
7
[servant of the State], and
generally to carry out the purposes of this Act.
(2) Without prejudice to the generality of the power conferred by sub-section (1),
rules made under this Act may provide for the levy of a rate imposed upon land in
consideration of its protection from sand or flood.
(3) All rules made under sub -section (1) shall be so made after previous
publication in the Gazette.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Substituted for the words “servants of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the
Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule. They were earlier
substituted for the words “Government officers” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
3Substituted for the words “District Board” by the Punjab Law s (Amendment) Ordinance 2018 (IV of 2018), published in the
Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259-8267, s. 2 read with the Schedule.
4Misprinted in the original Gazette as “65 and 66”.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
7Substituted for the words “officer of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette
of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule. The words “of the Crown”
were earlier substituted for the words “of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule.
SCHEDULE I
Canals District
1
[* * * * * * * * * *]
Hajiwah … … … … … Multan.
2
Montgomery.
Kurram Canals … … … …
Chachali … … …
Adwala … … …
Baroch … … …
Lunda … … …
Mitha … … … (Hill torrents) … Mianwali.
Rakka … … …
Jaba … … …
Vahi (including Truppi and Golar) …
Trimmun … … …
Bhati Hill Torrent … … … …
Kanwan Hill Torrent … … … …
Sangarh ditto … … … …
Mahoi ditto … … … …
Vehoa ditto … … … …
Sori ditto … … … …
Vador ditto … … … …
Sakhi Sarwar Hill Torrent … … … Dera Ghazi Khan.
Mithawan ditto … … … …
Khosra ditto … … … …
Kaha ditto … … … …
Chachar ditto … … … …
Chezgi ditto … … … …
Pitok ditto … … … …
Northern Sori ditto … … … …
Southern Sori ditto … … … …
1Entries from “Rangoi —Hissar” to “Kiran —Gurdaspur” were omitted by the Punjab Laws (Adaptation, Revision and
Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87 -108, s. 2
read with the First Schedule.
2Now ‘Sahiwal’.
SCHEDULE II
Canals District
1
[* * * * * * * ]
Piranwala ...
Amir Chandwala ...
Nunanwala ...
Sultan Muhammadwala
Nabbiwala ...
Chaharmiwala ... Left bank of Jhelum ... ...
Malik Sahib Khanwala
Mekananwala ... Shahpur.
Malik Jahan Khanwala
Sarfraz Khanwala ...
Jhammatanwala ...
Nathuwala ...
Makhdumanwala ...
Daimwala ... Right bank of Chenab ... ...
Muhkamdinwala ...
Ahmadabad ... ... ... ... ... Jhelum.
1Entries from “Chakarpur Bund —Gurgaon” to “ Natha Sing of Jhandwal’s Canal —Hoshiarpur” by the Punjab Laws
(Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21
January 1955, pp. 87-108, s. 2 read with the First Schedule.This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 8
Laws that cite this instrument 1
References to provisions in this text 62
Section 22
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for a long distance side by side into one water-course 24. Procedure applicable to occupation for extensions and alterations 25. Costs of executing works under section 22 , or section 23, by whom payable 26. Power of Provincial Government to direct supply of labour by irrigators 27. Powers of Collector upon issue of notification under section 26 28. Power to prepare record for canal W
Section 23
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ance side by side into one water-course 24. Procedure applicable to occupation for extensions and alterations 25. Costs of executing works under section 22 , or section 23, by whom payable 26. Power of Provincial Government to direct supply of labour by irrigators 27. Powers of Collector upon issue of notification under section 26 28. Power to prepare record for canal Water-rates 29.
Section 26
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section 23, by whom payable 26. Power of Provincial Government to direct supply of labour by irrigators 27. Powers of Collector upon issue of notification under section 26 28. Power to prepare record for canal Water-rates 29. Levy of water-rates 30. Liability when person using unauthorisedly cannot be identified 31. Liability when water runs to waste 32. Charges recoverable in addition
Section 28
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hedule II 34. Power of the Collector, in certain cases, to declare or appoint a manager of a canal 35. Power of Provincial Government to apply the prov isions of section 28 to any canal 36. Power to assume control or management, or both, of a canal 37. Right of owner upon such assumption, to demand that the canal shall be acquired by the Government 38. Power to acquire canal on demand o
Section 4
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thereon.– (1) Any person desiring to construct a canal intended to be fed from any source of supply which has been notified by 2 [Provincial Government] under section 4, may apply, in writing, to the Collector, for the permission prescribed in that section. (2) Every application under sub-section (1) shall be in such form and shall contain such particulars as the 3 [Provincial Governme
Section 4
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tions. 6. Power of Collector to construct canal from notified source of supply.– (1) When a source of supply has been notified by 1 [Provincial Government] under section 4 and the Collector considers that the construction of a canal to be fed therefrom will be advantageous, he shall give notice by general proclamation to all persons intere sted of his intention to construct such canal. (2)
Section 69
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able to canals under Schedule I 9. This chapter applic able only to canals under Schedule I.– Except as the 1 [Provincial Government] may otherwise direct under section 69 the provisions of this chapter shall apply only to canals for the time being included under Schedule I. 10. General powers of Collector.– (1) Notwithstanding the existence of any rights in or over a canal or water-course,
Section 28(1)
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use of the water as is authorised by the 3 [Provincial Government]: Provided that if any right to water entered in a record-of-rights prepared or revised under section 28(1) or deemed under section 28(3) to have been made under this Act or admitted in any agreement b etween the 4 [Provincial Government] and any person is substantially diminished in consequence of action taken under sub-section
Section 28(3)
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ised by the 3 [Provincial Government]: Provided that if any right to water entered in a record-of-rights prepared or revised under section 28(1) or deemed under section 28(3) to have been made under this Act or admitted in any agreement b etween the 4 [Provincial Government] and any person is substantially diminished in consequence of action taken under sub-section (1)(a) the Collector shall a
Section 55
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ovincial Government] and any person is substantially diminished in consequence of action taken under sub-section (1)(a) the Collector shall award compensation under section 55 to such person in respect of the diminution of his right. (3) No right to the use of the water of a canal shall be, or be deemed to have been acquired under the 5 Indian Limitation Act, 1887, nor shall 6 [Provincial
Section 55
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se the 1 [Provincial Government] shall cause to be paid to the person whose right is suspended or extinguished, compensation to be assessed by the Collector under section 55. In assessing compensation for the purposes of this section, the Collector shall also have regard to the character of the right, the period during which it has been enjoyed and the damage likely to be occasioned by its su
Section 55
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h accident. Compensation for damage to land.– In every such case, the Collector shall, upon application made to him in this behalf, assess and pay compensation under section 55, for any damage which may be occasioned by any proceeding under this section. 14. Power to occupy land adjacent to canal for depositing soil from canal and to excavate earth for repairs to the banks and compensation for dama
Section 44
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and has remained in such occupation for a period exceeding three years may require that such land shall be permanently acquired in accordance with the provisions of section 44. 15. Supply of water throu gh intervening water -course.– Whenever application is made to a Collector for a supply of water from a canal, and it appears to him expedient that such supply should be given, and that it shoul
Section 20
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he Collector 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 20; 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 con
Section 20
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s the Collector 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 20 in respect of such transfer; and, upon such deposit being made, he shall publish a notice of the appli cation in every village affected. 19. Inquiry into, and determination of, objections to construction or transfer of
Section 17
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19. Inquiry into, and determination of, objections to construction or transfer of water-courses.– (1) When within thirty days from the publication of a notice under section 17 or section 18 as the case may be, any person interested in the land or water-course to which the notice refers, applies to the Collector as aforesaid, stating his objection to the construction or transfer for which applicati
Section 18
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nto, and determination of, objections to construction or transfer of water-courses.– (1) When within thirty days from the publication of a notice under section 17 or section 18 as the case may be, any person interested in the land or water-course to which the notice refers, applies to the Collector as aforesaid, stating his objection to the construction or transfer for which application has been ma
Section 16
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objection as the case may be. 20. Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation.– No applicant under section 16 or section 18, as the case may be, 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 th
Section 18
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the case may be. 20. Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation.– No applicant under section 16 or section 18, as the case may be, 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 wate
Section 55
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expenses incidental to such occupation or transfer. Procedure in fixing compensation.– Compensation to be made under this section shall be assessed as provided in section 55, but the Collector may, if the person to be compensated so desire, 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 ex
Section 20
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tled to receive the same. 21. Conditions binding on applicant placed in occupation.– (1) When any such applicant has duly complied with the conditions laid down in section 20, he shall be placed in occupation of the land or water-course as aforesaid, and the following rules and conditions shall be thereafter binding on him and his representative in interest:– (a) In all cases, First– All works
Section 17
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d be maintained by him or his representative in interest to the satisfaction of the Collector. Second– Land occupied for a water-course under the provisions of section 17 shall be used only for the purposes of such water-course. Third– The proposed water-course shall be completed to the satisfaction of the Collector within one year after the applicant is placed in occupation of the land. (
Section 22
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he occupation of land for any extension or alteration of a water-course and for the deposit of soil from water-course clearances. 25. Costs of executing works under section 22, or section 23, by whom payable.– In every case under section 22 or section 23, the cost of executing or completing the works shall be payable by such person or persons deriving benefit from the water-course as the Collect
Section 23
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f land for any extension or alteration of a water-course and for the deposit of soil from water-course clearances. 25. Costs of executing works under section 22, or section 23, by whom payable.– In every case under section 22 or section 23, the cost of executing or completing the works shall be payable by such person or persons deriving benefit from the water-course as the Collector may in each
Section 22
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ourse and for the deposit of soil from water-course clearances. 25. Costs of executing works under section 22, or section 23, by whom payable.– In every case under section 22 or section 23, the cost of executing or completing the works shall be payable by such person or persons deriving benefit from the water-course as the Collector may in each case determine. 26. Power of 1 [Provincial Gove
Section 23
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the deposit of soil from water-course clearances. 25. Costs of executing works under section 22, or section 23, by whom payable.– In every case under section 22 or section 23, the cost of executing or completing the works shall be payable by such person or persons deriving benefit from the water-course as the Collector may in each case determine. 26. Power of 1 [Provincial Government] to dir
Section 26
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venue assessed on the land irrigated from such canal, or canals, agree to undertake to supply such labour. 27. Powers of Collector upon issue of notification under section 26.– Upon the issue of a notification unde r section 26 the Collector may, from time to time, by general or special order,– (a) determine the amount of labour to be provided or the amount of work to be performed by each irri
Section 26
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canals, agree to undertake to supply such labour. 27. Powers of Collector upon issue of notification under section 26.– Upon the issue of a notification unde r section 26 the Collector may, from time to time, by general or special order,– (a) determine the amount of labour to be provided or the amount of work to be performed by each irrigator; (b) regulate the a ttendance, distribution and
Section 26
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m on the provision of hired labour for any of the canals to which the notification applies, or subject to the provisions, if any, of a record-of-rights specified in section 26 or section 28, on any other purpose connected with the well- being thereof: Provided that the costs assessed as aforesaid shall not exceed eight annas for each day’s labour of each of the labourers in respect of whom defaul
Section 28
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sion of hired labour for any of the canals to which the notification applies, or subject to the provisions, if any, of a record-of-rights specified in section 26 or section 28, on any other purpose connected with the well- being thereof: Provided that the costs assessed as aforesaid shall not exceed eight annas for each day’s labour of each of the labourers in respect of whom default has occurred.
Section 30
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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. All questions under section 30 or section 31 shall be decided by the Collector. CHAPTER IV Provisions applicable to canals included under Schedule II 33. This chapter applicable only to canals under Schedule II.– Except as the 1 [Provincial Governm
Section 31
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he unauthorised use or for waste of water may be recovered in addition to any penalties incurred on account of such use or waste. All questions under section 30 or section 31 shall be decided by the Collector. CHAPTER IV Provisions applicable to canals included under Schedule II 33. This chapter applicable only to canals under Schedule II.– Except as the 1 [Provincial Government] may othe
Section 69
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als included under Schedule II 33. This chapter applicable only to canals under Schedule II.– Except as the 1 [Provincial Government] may otherwise direct under section 69 the provisions of this chapter shall apply only to canals for the time being included under Schedule II. 34. Power of the Collector, in certain cases, to declare or appoint a manager of a canal.– Where there are numerous
Section 28
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him shall be binding upon every person who possesses any share in the ownership of such canal. 35. Power of 2 [Provincial Government] to apply the provisions of section 28 to any canal.– The 3 [Provincial Government] may, by notification, declare all or any of the provisions of section 28 (as to the preparation and revision of records) to be applicable to any canal, and, upon any such decl
Section 28
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ncial Government] to apply the provisions of section 28 to any canal.– The 3 [Provincial Government] may, by notification, declare all or any of the provisions of section 28 (as to the preparation and revision of records) to be applicable to any canal, and, upon any such declaration being made, such provisions shall, as far as may be, apply accordingly. 36. Power to assume control or manageme
Section 39
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causes grave injury to the property or health of persons owning lands in the vicinity; (c) in the event of any wilful and con tinuous breach of orders issued under section 39 of this Act. (2) When the control or management, or both, of any canal is assumed under the provisions of sub-section (1), the 3 [Provincial Government] may exercise all or any of the rights and powers in regard theret
Section 36
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t .– When the control or management, or both, of a canal shall be assumed by the 4 [Provincial Government] under clause ( b) or clause (c) of sub- section (1) of section 36, and such control or management shall have continued for a period exceeding six years, the owner thereof may, by notice in writing delivered to the Collector, require that the Government shall acquire such canal. 38. Power
Section 37
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elivered to the Collector, require that the Government shall acquire such canal. 38. Power to acquire can al on dem and of the owner .– On receipt of notice under section 37 the 5 [Provincial Government] shall by notification declare that the said canal will be acquired after a day to be named in the said notification, not being earlier than three months from the date thereof, and after the is
Section 55
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ms and to determine the amount of compens ation, which should be given to the claimant, in assessing such compensation the Collector shall proceed as provided in section 55, but for the purposes of this section he shall also have regard to the history of the canal, the expenditure incurred thereon and the profits 1 [already earned by] the owner. (2) Limitation of claims.– No claim for compens
Section 46
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earned by] the owner. (2) Limitation of claims.– No claim for compensation shall be enforceable after the expiration of one year from the date of the notice under section 46, unless the Collector is satisfied that the claimant had sufficient cause for not mak ing the claim within such period. 48. Vesting of canal in 2 [Government].– (1) The 3 [Provincial Government] shall by notificat
Section 47
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ent] shall by notification declare the day on which a canal has been acquired by it 4 [,] 5 [and notwithstanding that compensation has not been assessed under section 47 or paid to the claimant, the canal shall be deemed to have been acquired on the day so declared.] (2) Subject to the award of compensation to the owner or person interested in the said canal, when the 6 [Provincial Gove
Section 49
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51. Power of the Collector to regulate flow of water and prohibit or remove obstructions.– When the 1 [Provincial Government] has by notification as provided in section 49 taken power to regulate the flow of water in any river, creek or natural channel or line of natural drainage it may authorise the Collector to exercise such power on its behalf in accordance with such rules as it may presc
Section 50
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ts behalf in accordance with such rules as it may prescribe. A Collector so authorised may in the execution of such rules exercise all the powers conferred upon him by section 50, and his authority shall include the power to take such action as the 2 [Provincial Government] is empowered by section 49 to take after inquiry through the Collector. Such authority may on every occasion be exercised wit
Section 49
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e all the powers conferred upon him by section 50, and his authority shall include the power to take such action as the 2 [Provincial Government] is empowered by section 49 to take after inquiry through the Collector. Such authority may on every occasion be exercised without the publication of any further notification in the 3 [Official Gazette]. 52. Powers as to the construction and maint
Section 52
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under Schedule I.– In the case of canals included under Schedule I, the Collector may– (a) call upon the irrigators to discharge any of the liabilities specified in section 52, sub-section (1), which the 1 [Provincial Government] may have declared to attach to the irrigators from such canal or group of canals; or (b) himself arrange for the performance of such acts and recover the cost as prov
Section 57
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eclared to attach to the irrigators from such canal or group of canals; or (b) himself arrange for the performance of such acts and recover the cost as provided in section 57. 54. Power to take possession and to construct works in cases of emergency.– (1) If any new work is immediately required to prevent serious detriment to the utility of a canal, the Collector may, notwithstanding anything
Section 55
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When the Collector has taken possession of any land under sub-section (1), he shall, upon application made to him in this behal f, assess and pay compensation under section 55. (3) In the event of sudden and serious damage or urgent risk to a canal or to property situate in the immediate neighbourhood thereof, or to irrigation carried on therefrom, or to the public traffic, the Collector may, a
Section 48
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proceed under the provisions of the Land Acquisition Act, 1894 4 , and the provisions of that Act 5 [except sections 1 [18 to 22, 25 to 28], subsection (3) of section 48 1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 A
Section 54
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ls” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6. and section 54] shall, as far as may be, be applicable to all proceedings under this section. 2 [(2) An appeal shall lie to the Commissioner from an award made by the Collector, and to the 3 [Board of Revenue], from the ord er passed the
Section 44
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hich land has been acquired. 57. Apportionment and recovery of the cost of land acquired or works executed.– (1) When any land is acquired under the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54 the cost of acquiring such land or of executing such work, as the case may be,
Section 50
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ed.– (1) When any land is acquired under the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54 the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable– (a) if the canal is included under Schedule II,– from the owner thereof; or (b) if
Section 52
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n any land is acquired under the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54 the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable– (a) if the canal is included under Schedule II,– from the owner thereof; or (b) if the canal is
Section 53
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s acquired under the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54 the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable– (a) if the canal is included under Schedule II,– from the owner thereof; or (b) if the canal is included und
Section 54
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er the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54 the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable– (a) if the canal is included under Schedule II,– from the owner thereof; or (b) if the canal is included under Schedule I,
Section 29
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e benefited by the acquisition or equitably liable for the whole or any part of the cost of executing the work or from the proceeds of any water -rate levied under section 29; and (c) if such appropriation is not contrary to the provisions of the record-of- rights specified in section 28 of this Act, – from the fund referred to in section 27 of this Act. (2) When the cost of acquiring any land
Section 28
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from the proceeds of any water -rate levied under section 29; and (c) if such appropriation is not contrary to the provisions of the record-of- rights specified in section 28 of this Act, – from the fund referred to in section 27 of this Act. (2) When the cost of acquiring any land or of executing any work is, under the provisions of sub-section (1), recoverable from the owner of any canal or f
Section 27
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ction 29; and (c) if such appropriation is not contrary to the provisions of the record-of- rights specified in section 28 of this Act, – from the fund referred to in section 27 of this Act. (2) When the cost of acquiring any land or of executing any work is, under the provisions of sub-section (1), recoverable from the owner of any canal or from the irrigators therefrom, or any of them, it shall
Section 55
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Land Revenue Act of 1887 shall apply to all proceedings under this Act. 60. Exclusion of jurisdiction of Civil Court except under Land Acquisition Act.– Save as in section 55 provided, no Civil Court shall have jurisdiction in any matter which a Revenue Officer or Revenue Court is empowered by this Act to dispose of, or take cognizance of the manner in which the 3 [Provincial Government] or
Section 28
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les made thereunder. 67. Government to be party to certain suits and proceedings.– (1) In any suit or proceeding in which an entry made in any record prepared under section 28 or section 35 is directly or indirectly called in question, the Court shall, before the final settlement of issues, give notice of the suit or proceeding to the Collector, and, if moved to do so by the Collector, shall mak
Section 35
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under. 67. Government to be party to certain suits and proceedings.– (1) In any suit or proceeding in which an entry made in any record prepared under section 28 or section 35 is directly or indirectly called in question, the Court shall, before the final settlement of issues, give notice of the suit or proceeding to the Collector, and, if moved to do so by the Collector, shall make the 2 [Pr
Section 2
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within those limits; and in the case of any such canal, river, or creek, the 2 [Provincial Government] may by notification, and notwithstanding the provisions o f section 2, declare what sections of this Act shall be applicable thereto. 70. Powers exercisable in cases of urgency with regard to canals situate beyond 3 [the areas to which this Act applies].– In respect of any canal situate b
Section 54
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this Act applies] the 5 [Provincial Government] may, by notification published in the official Gazette, declare that the powers exercisable by a Collector under section 54 may under the circumstances there specified be exercised by the Collector or other authorised officer within the limits of 6 [the areas to which this Act applies] for all or any of the purposes of such canal. 71. Offenc
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Comparison evidence
- Stored text SHA-256
- b34080e16491dedb6c14826600b6e22e2195ce45f41d693ccc3d5732a72eddb6
- Original source SHA-256
- 608ba10cd6142a271718d6aaab9cb2c524e399d69bd1887caaff5761acb2a167
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- Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.
Source, version and text details
- Recorded title
- PUNJAB MINOR CANALS ACT, 1905
- Source collection
- Punjab — this does not establish territorial applicability.
- Recorded version
- Not supplied in this record
- Source snapshot
- 2026-08-06T16:58:54Z
- Legal status
- not independently verified
- Text quality
- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
- Recorded quality flags
- No additional flags recorded
- Stable record
- punjab-code-a5c8b1f0554c7224
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- Legal completeness not independently established
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- Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
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- zero-based Unicode code points and UTF8 bytes; end exclusive
- Stored text SHA-256
- b34080e16491dedb6c14826600b6e22e2195ce45f41d693ccc3d5732a72eddb6