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  "title": "PUNJAB MINOR CANALS ACT, 1905",
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  "text": "``  \r\nPunjab Minor Canals \r\n1905: Act III \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title and local extent \r\n2. Operation of Act \r\n3. Definitions \r\nCHAPTER II \r\nConstruction of Canals and Water-Dues \r\n4. Prohibition against construction of canals without permission \r\n5. Application for permission and procedure thereon \r\n6. Power of Collector to construct canal from notified source of supply \r\n7. Power to prohibit the unauthorised  construction of and to close \r\nunauthorised canal \r\n8. Water-dues \r\nCHAPTER III \r\nProvisions applicable to canals \r\nunder Schedule I \r\n9. This chapter applicable only to canals under Schedule I \r\n 10. General powers of Collector \r\n 11. Power of Government to suspend or extinguish rights in or over any \r\nscheduled canal on payment of compensation \r\n 12. Power to enter and survey, &c.  \r\n Power to clear land \r\n Power to inspect and regulate water-supply \r\n Notice of intended entry into houses \r\n Compensation for damage caused by entry \r\n 13. Power to enter for repairs and to prevent accidents \r\nCompensation for damage to land \r\n(III of 1905) \r\nTHE PUNJAB MINOR CANALS ACT, 1905 \r\n 14. Power to occupy land adjacent to canal for depositing soil from canal \r\nand to excavate earth for repa irs to the banks and compensation for \r\ndamage \r\n 15. Supply of water through intervening water-course \r\n 16. Application for construction of new water-course \r\n 17. Procedure of Collector thereupon \r\n 18. Application for transfer of existing water-course \r\nProcedure thereupon \r\n 19. Inquiry into, and determination, of objections to  construction or transfer \r\nof water-courses \r\n 20. Expenses to be paid by applicant for construction or transfer of \r\nwater-course before receiving occupation \r\nProcedure in fixing compensation \r\nRecovery of compensation and expenses \r\n 21. Conditions binding on applicant placed in occupation \r\n 22. Construction of outlets from canals by Collector \r\n 23. Power to convert several water-courses running for a long distance \r\nside by side into one water-course \r\n 24. Procedure applicable to occupation for extensions and alterations \r\n 25. Costs of executing works  under section 22 , or section 23, by whom \r\npayable \r\n 26. Power of Provincial Government to direct supply of labour by irrigators \r\n 27. Powers of Collector upon issue of notification under section 26 \r\n 28. Power to prepare record for canal \r\nWater-rates \r\n29. Levy of water-rates \r\n30. Liability when person using unauthorisedly cannot be identified \r\n31. Liability when water runs to waste \r\n32. Charges recoverable in addition to penalties \r\nCHAPTER IV \r\nProvisions applicable to canals included under Schedule II \r\n 33. This chapter applicable only to canals under Schedule II \r\n 34. Power of the Collector, in certain cases, to declare or appoint a manager \r\nof a canal \r\n 35. Power of Provincial Government to apply the prov isions of section 28 to \r\nany canal \r\n 36. Power to assume control or management, or both, of a canal \r\n 37. Right of owner upon such assumption, to demand that the canal shall \r\nbe acquired by the Government \r\n 38. Power to acquire canal on demand of the owner \r\n 39. Power to fix the limits of irrigation  and water-rates and to regula te the \r\ndistribution of water \r\n 40. Collection in certain cases, of  water-rates of a canal by  the Provincial \r\nGovernment \r\nCHAPTER V \r\nProvisions applicable to all canals \r\n 41. This chapter applicable to all canals \r\n 42. Consent or decision of the owner how to be determined \r\n 43. Settlement of disputes \r\n 44. Acquisition of land for canals \r\n 45. Power to acquire canal by consent or otherwise \r\n 46. Notice as to claims for compensation \r\n 47. Inquiry into claims \r\nLimitation of claims \r\n 48. Vesting of canal in Government \r\n 49. Power to regulate flow of water in rivers, creeks, natural channels or \r\nlines of natural drainage and to prohibit therein  or o rder removal \r\ntherefrom of obstructions \r\n 50. Power to  remove obstruction  after publication  of noti fication, and \r\npayment of compensation \r\n 51. Power of the Collector to regulate  flow of water and prohibit or remove \r\nobstructions \r\n 52. Powers as to the construction and maintenance of works in respect of \r\ncanals under Schedule II \r\n 53. Powers as to construction and maint enance of works in respect of \r\ncanals under Schedule I \r\n 54. Power to take possession and to construct works in cases of emergency \r\n 55. Assessment of compensation \r\n 56. Compensation for right of user or in the form of a supply of water \r\n 57. Apportionment and recovery of  the cost of land acquired or works \r\nexecuted \r\n 58. Power to regulate mills \r\n 59. Application of sections 13 to 16 of Land Revenue Act, 1887 \r\n 60. Exclusion of jurisdiction of  Civil Court except under Land Acquisition \r\nAct \r\n 61. Power to appoint officers to exercise functions under this Act \r\n 62. Powers of Collector in certain proceeding under the Act \r\n 63. Permission to owners a nd parties i nterested in any canal to  object in \r\ncertain cases \r\n 64. Mode of serving notices and making proclamations \r\n 65. Bar of compensation where not expressly allowed \r\n 66. Protection of persons acting under the Act \r\n 67. Government to be party to certain suits and proceedings \r\n 68. Power to recover water -dues, water-rates and other charges by revenue \r\nprocess \r\n 69. Powers as regards canals, creeks situate partly without the limits of the \r\nareas to which this Act applies \r\n 70. Powers exercisable in cases of urg ency with regard to canals situate \r\nbeyond the areas to which this Act applies \r\n 71. Offences under the Act \r\n 72. Power to arrest without a warrant \r\n 73. Definition of 'canal' for purposes of sections 71 and 72 \r\n 74. Power to make rules \r\nSCHEDULE I \r\nSCHEDULE II \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB MINOR CANALS ACT, 1905 \r\n(III of 1905) \r\n[15 June 1905] \r\nAn \r\nAct \r\nto make better provision for the control and management of minor canals in  \r\n \r\n2\r\n[certain areas \r\nof West Pakistan]. \r\nWHEREAS it is desirable to make better provision for the exercise of control over \r\nand for the regulation of the management of certain minor canals in \r\n3\r\n[certain areas of West \r\nPakistan]; \r\nIt is hereby enacted as follows: \r\nCHAPTER I \r\nPreliminary \r\n1.  Short title and local extent .– (1) This Act may be called the Punjab Minor Canals \r\nAct of 1905. \r\n \r\n  4\r\n[(2) It extends to the Divisions of Rawalpindi, Sargodha, Lahore, Multan, \r\nQuetta and Kalat except the Tribal Areas.] \r\n2.  Operation of Act.– (1) The provisions of this Act shall apply, to the extent and in \r\nthe manner hereinafter provided, to every canal specified in eit her Schedule I or Schedule II \r\nas the case may be. \r\n(2)  At any time after the commencement of this Act, the \r\n5\r\n[Provincial Government] \r\nmay, from time to time, by notification– \r\n(a) include any canal under either Schedule I or Schedule II, as the case \r\nmay be, or transfer a canal  from one schedule to the other \r\nschedule, and thereupon the provisions of this Act applicable to \r\ncanals included under such schedule, or such of the said provisions \r\nas the  6\r\n[Provincial Government] may direct, shall apply to such canal; \r\nor \r\n(b) exclude from the operation of this Act any canal which now is, or \r\n                                                \r\n1This Act was published in the Government Gazette, Punjab and its Dependencies,  dated: 15 June 1905, pp. 117 -135. For \r\nStatement of Objects and Re asons, see Punjab Gazette, 1903, Part V, p. 100; for report of the Select Committee, see ibid., \r\n1905, Part V, p. 7; for proceedings in Council, see ibid., 1904, Part V, p. 27 and ibid., 1905, Part V, p. 44. \r\n2Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 2. \r\n3Ibid. \r\n4Substituted ibid., s. 3. \r\n5Substituted for the words “Local Government” by the  Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Ibid. \r\nhereafter may be, included under either Schedule I or Schedule II: \r\nProvided that no canal shall be included under Schedule I, unless–  \r\n(a) it is owned in whole or in part by \r\n \r\n1\r\n[the Provincial Government], or \r\n(b) is, at the commencement of this Act, managed by  \r\n2\r\n[Servants of the State] \r\nor by any local authority, or \r\n(c) is situate partly within and partly  without the territories to which this Act \r\nextends, or \r\n(d) has been included under Schedule II and is transferred to Schedule I \r\n3\r\n[by \r\ndirection of the Provincial Government]. \r\n(3)  The  4\r\n[* *] Canal and Drainage Act, 1873\r\n5\r\n, shall not apply to any canal which \r\nis for the time being included under either Schedule I or Schedule II. \r\n3.  Definitions.– In this Act, unless there is something repugnant in subject or context– \r\n(i) “Record-of-Rights” and “Revenue Officer” have the meanings assigned to \r\nthem respectively in the \r\n6\r\nPunjab Land Revenue Act, 1887; \r\n(ii) “Canal” means any canal, natural or artificial channel or line of natural \r\ndrainage or any reservoir, dam or embankment constr ucted, maintained or \r\ncontrolled for the supply or storage of  water or the protection of land from \r\nflood or sand, and includes  7\r\n[any portion of a canal or] any water-course or \r\nsubsidiary works as defined in this section; \r\n(iii) “Collector” means the head revenue officer  of a district and includes any \r\nofficer appointed under this Act to exercise all or  any of the powers of a \r\nCollector; \r\n(iv) “Commissioner” means a Commissioner of a Division and includes any \r\nofficer appointed under this Act to exercise all or  any of the powers of a \r\nCommissioner; \r\n(v) “Construction” and “construct” include any alteration which would materially \r\nextend the area  irrigable by a canal or any other alteration of material \r\nimportance or the renewal of a canal after disuse for six years, but do not \r\ninclude the re-excavation of a canal head  which has  been temporarily \r\nabandoned owing to a change in the river, the excavation of a new head \r\nnecessitated by a change in the river or a ch ange of water-courses to render \r\nexisting irrigation more efficient; \r\n(vi) “Creek” means any channel of a river other than the main channel through \r\n                                                \r\n1Substituted for the words “His Majesty for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule. \r\nThey were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n2Substituted ibid., for the words “Servants of the Crown”. They were earlier substituted for the words “Government officers” \r\nby the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 \r\nApril 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n3Substituted for the words “by direction of Government” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n4The words “Northern India” were  omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of \r\n1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\n5India Act VIII of 1873. \r\n6XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967. \r\n7Inserted by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), \r\ndated: 7 February 1952, pp. 125-126, s. 2. \r\nwhich the water of  the river would, unless obstructed by deposit of silt, \r\nnaturally flow at some period of the year; \r\n(vii) “District” means a district as fixed for revenue purposes; \r\n(viii) “Irrigator” means in respect of any land which is irrigated from a canal any \r\nperson for the time  being  directly  deriving  benefit  by  such  irrigation  and  \r\nincludes  a  land-owner  or occupancy tenant of such land; \r\n(ix) “Labour” includes labourers, cattle and appliances necessary for the \r\nexecution of the work for which labour is to be supplied; \r\n (x) “Mill” means any contrivance whereby the water-power of any canal is \r\nused for grinding, sawing or pressing, or for driving or working machinery or \r\nfor any other similar purpose, and includes  all subsidiary works and \r\nstructures connected with any such contrivance except the canal itself; \r\n(xi) “Subsidiary works” means all works required for the control or maintenance \r\nof the supply to a  canal or for the  maintenance of a canal in proper \r\ncondition or for the regulation of the irrigation therefrom or for the prevention \r\nof floods or for the provision of proper drainage in connection with such \r\nirrigation, and include also the land required for such works; \r\n(xii) “Water-course” means any channel which is supplied with water from a \r\ncanal and which is maintained at the cost of the irrigators, and includes all \r\nsubsidiary works connected  with such channel except the sluice or outlet \r\nthrough which water is supplied to such channel;  \r\n(xiii) “Water-due” means whatever is payable to Government in cash or kind by \r\nthe owner of a canal for the diversion by such owner for the purposes of such \r\ncanal of the water of any river, creek or stream flowing in a  natural channel \r\nor of any lake or other natural collection of water; \r\n(xiv) “Water-rate” means the charge made for canal water, other than a water-\r\ndue or canal advantage land-revenue rate. \r\nCHAPTER II \r\nConstruction of Canals and Water-Dues \r\n4.  Prohibition against cons truction of canals  without permission .– When the  \r\n1\r\n[Provincial Government]  has notified in this behalf any natural channel, lake or other \r\ncollection of water, no person shall, without permission previously obtained in the manner \r\nprescribed in the section next following, construct a canal intended to be fed from any such  \r\nchannel, lake or other collection of water: \r\nProvided that nothing in this section shall apply to the construction of a water-\r\ncourse from an existing canal. \r\n5.  Application for permission and procedure thereon.– (1) Any person desiring \r\nto construct a canal intended to  be  fed from any source of supply which has been \r\nnotified by \r\n2\r\n[Provincial Government]  under section 4, may apply, in writing, to the \r\nCollector, for the permission prescribed in that section. \r\n(2)  Every application under sub-section (1) shall be in such form and shall \r\ncontain such particulars as the \r\n3\r\n[Provincial Government] may prescribe in that behalf. \r\n                                                \r\n1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n2Ibid. \r\n3Ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. \r\n6.  Power of Collector to construct canal from notified source of supply.– (1) \r\nWhen a source of supply has been notified by \r\n1\r\n[Provincial Government] under section 4 \r\nand the Collector considers that  the construction of a canal to be fed therefrom will be \r\nadvantageous, he shall give notice by general proclamation to all persons intere sted of his \r\nintention to construct such canal. \r\n(2)  If no objection to the construction of such canal shall have been preferred \r\nwithin a period to be specified in the notice under sub-section (1), or if any such objection \r\nhas been preferred within the said period, but has been finally overruled, the Coll ector may \r\nproceed to construct such canal. \r\n(3)  The provisions of sections 50 and 63 shall apply to all proceedings of the \r\nCollector under  sub-section (1) of this section and under the preceding section, and the \r\npowers conferred upon the Collector by this and the preceding section shall be exercised \r\nsubject to such sanction as the \r\n2\r\n[Provincial Government] may prescribe and in accordance \r\nwith the rules made by such Government. \r\n7.  Power to prohibit the unauthorised construction of and to close \r\nunauthorised canal.– (1) If any person, without the permission necessary under sections \r\n4 and 5 of this Act, or contrary to any of the conditions of such  permission, commences \r\nto construct or proceeds with the construction of any canal, the Collector may,  at  any  \r\ntime,  by  order  in  writing,  prohibit  such  person,  and,  by  general proclamation, all other \r\npersons, from continuing the construction thereof: \r\nProvided that, unless in the case of a construction which would materially extend the \r\narea irrigable by a canal, no such order or proclamation, as the case may be, shall be made \r\nor issued in respect of any canal which, at the time when it is proposed to make or issue \r\nsuch order or proclamation, has been used for ir rigation for a period of three years \r\nwithout interruption, other than such as was due to natural causes beyond the control of \r\nthe person aforesaid. \r\n(2)  If any person shall, at any time after the commencement of this Act, \r\nconstruct a canal without the permission  necessary under sections 4 and 5 of this Act, \r\nthe Collector may, with the previous sanction of the  3\r\n[Provincial Government], close it and \r\nshut off the supply of water thereto, and may further,  by order in writing, prohibit such \r\nperson, and, by general proclamation, all other persons, from maintaining, repairing or \r\nrenewing such canal or continuing to use the water thereof. \r\n8.  Water-dues.– (1) Subject to the conditions, if any, imposed or agreed to by the \r\n \r\n4\r\n[Provincial Government] such Government may assess and levy water-dues in respect of– \r\n(i) canals made after the commencement of this Act; \r\n(ii) canals made before the commencement of this Act– \r\n(a) when the right to, or question of, water-dues has been expressly \r\nreserved by such Government, or \r\n(b) when the conditions upon which the owner of the canal has been \r\nallowed to use the water have been agreed on for a term and that \r\nterm has expired, or \r\n(c) when such wate r-dues were already levied at the  commencement of \r\n                                                \r\n1Ibid., for the word “Government”, Article 3 read with the Sixth Schedule. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, publish ed \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n4Ibid. \r\nthis Act. \r\n(2)  The demand on account of water-dues shall be assessed for a term of years, \r\nand shall be limited to an amount not exceeding one-quarter of the net profits which are \r\nlikely to accrue to the owner of the canal during that term. \r\nCHAPTER III \r\nProvisions applicable to canals under Schedule I \r\n9.  This chapter applic able only to  canals under Schedule  I.– Except as the \r\n1\r\n[Provincial Government]  may otherwise direct under section 69 the provisions of this \r\nchapter shall apply only to canals for the time being included under Schedule I. \r\n10.  General powers of Collector.– (1) Notwithstanding the existence of any rights in or \r\nover a canal or water-course, the Collector may– \r\n(a) exercise all powers of control, management and direction for the efficient \r\nmaintenance and working of such canal or for t he due distribution of the \r\nwater thereof; and \r\n(b) whenever and so long as any water-course sluice  or outlet is not \r\nmaintained in proper customary repair, or any  water-course sluice or outlet \r\nthrough which water is supplied to any person, or, in the case of a sluice or \r\noutlet, to any water-course or any person, is subjected to wilful damage or \r\nwrongful enlargement, stop the supply of water to such water-course sluice \r\nor outlet or to any person. \r\n(2)  No claim shall be enforceable against the \r\n2\r\n[Provincial Government] for \r\ncompensation in respect of loss caused by any order passed under sub-section (1), but any \r\nperson suffering loss by reason of any order passed under sub-section (1) (a) may claim \r\nsuch remission of the ordinary charges payable for the use of the  water as is authorised by \r\nthe \r\n3\r\n[Provincial Government]: \r\nProvided that if any right to water entered in a record-of-rights prepared or revised \r\nunder section 28(1) or deemed under section 28(3) to have been made under this Act or \r\nadmitted in any agreement b etween the 4\r\n[Provincial Government] and any person is \r\nsubstantially diminished in consequence of action  taken under sub-section (1)(a) the \r\nCollector shall award compensation under section 55 to such person in respect of the \r\ndiminution of his right. \r\n(3)  No right to the use of the water of a canal shall be, or be deemed to have \r\nbeen acquired under the \r\n5\r\nIndian Limitation Act, 1887, nor shall \r\n6\r\n[Provincial Government] be \r\nbound to supply any person with water. \r\n11.  Power of Government to suspend or extinguish rights in or over any \r\nscheduled canal on payment of compensation.– (1) The \r\n7\r\n[Provincial Government] may at \r\nany time suspend or extinguish any right to which any person is entitled in or over any \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 193 7, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5India Act XV of 1877, subsequently replaced by the Limitation Act, 1908 (IX of 1908). \r\n6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n7Ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. \r\ncanal if the exercise of such right is prejudicial to the interests of other irrigators or to the \r\ngood management, improvement or extension of the canal. \r\n(2)  In every such case the \r\n1\r\n[Provincial Government] shall cause to be paid to \r\nthe person whose right is suspended or extinguished, compensation to be assessed by \r\nthe Collector under section 55. In assessing  compensation for the  purposes of this \r\nsection, the Collector shall also have regard to the character of the right, the period during \r\nwhich it has been  enjoyed and the  damage likely to be occasioned by its suspensi on or \r\nextinction. \r\n12.  Power to enter and survey, &c.– The Collector or other person acting under the \r\ngeneral or special orders of the Collector may enter upon any land adjacent to  any canal, \r\nor through which any canal is proposed to be made, and undertak e surveys or levels \r\nthereon; \r\nand dig and bore into the sub-soil;  \r\nand make and set up suitable land-marks, level-marks and water-gauges;  \r\nand do all other acts necessary for the proper prosecution of any inquiry relating \r\nto any existing or projected canal under the charge of the said Collector;  \r\n  Power to clear land.– and, where otherwise such inquiry cannot be completed, the \r\nCollector or such other person may cut down and clear away any part of any standing crop, \r\nfence or jungle;  \r\n  Power to inspect and regulate water-supply.– and may also enter upon any \r\nland, building or water-course on account of which any water-rate is chargeable, for the \r\npurpose of inspecting or regulating the use of the water supplied, or of measuring the \r\nland irrigated thereby or chargeable with a water-rate, and of doing all things necessary \r\nfor the proper regulation and management of such canal: \r\nNotice of intended entry into houses.– Provided that, if such Collector or person \r\nproposes to enter into any building or enclosed court or garden attached to a dwelling \r\nhouse not supplied with water flowing  from any canal, he shall previously give the \r\noccupier of such building, court or garden at least seven days’ notice in writing of his \r\nintention to do so. \r\nCompensation for damage caused by entry.– In every case of entry under \r\nthis section, the Collector shall, upon application made to him in this behalf, assess and \r\npay compensation for any damage which may be occasioned by any proceeding under this \r\nsection. \r\n13.  Power to enter for repairs and to prevent accidents.– In case of any accident \r\nhappening or being apprehended to a canal, the Collector or any person acting under his \r\ngeneral or special orders in this behalf may enter upon any lands adjacent to such canal, \r\nand may execute all works which may be necessary for the purpose of repai ring or \r\npreventing such accident. \r\nCompensation for damage to land.– In every such case, the Collector shall, \r\nupon application made to him in this behalf, assess and pay compensation under section \r\n55, for any damage which may be occasioned by any proceeding under this section. \r\n14.  Power to occupy land adjacent to canal for depositing soil from canal and to \r\nexcavate earth for repairs to the banks and compensation for damage .– (1) The \r\nCollector or any person acting under his general or special orders in  this behalf may, \r\n                                                \r\n1Ibid. \r\nwithin such distance from the canal as the  1\r\n[Provincial Government] may by rule determine, \r\noccupy land adjacent to any canal for the purpose of– \r\n(a) depositing upon it soil excavated from the canal, or \r\n(b) excavating from it earth for repairs to the canal. \r\nThe Collector shall, upon application made to him in this behalf, assess and pay \r\ncompensation for any damage which may be occasioned by any proceeding under this \r\nsection. \r\n(2)  The owner of any land which has been occupied after the commencement \r\nof this Act for any purpose under sub-section (1) and has remained in such occupation for \r\na period exceeding three years may require that such land shall be permanently acquired in \r\naccordance with the provisions of section 44. \r\n15.  Supply of water throu gh intervening water -course.– Whenever application is \r\nmade to a Collector for a supply of water from a canal, and it appears to him expedient that \r\nsuch supply should be given,  and that it should be conveyed through some existing \r\nwater-course, he shall give notice to the persons responsible for the maintenance of  such  \r\nwater-course to show cause, on a day not less than fourteen days from the date of such \r\nnotice, why the said supply should not be so conveyed; and, after making inquiry on such \r\nday, the Collector shall determine whether and on what  conditions the said supply shall \r\nbe conveyed through such water-course. \r\nThe applicant shall not be entitled to use such water-course until he has paid the \r\nexpense of any alteration of such water-course necessary in order to his  being supplied \r\nthrough it, and also such share of the first cost of such water -course as the Collector m ay \r\ndetermine. \r\nSuch applicant shall also be liable for his share of the cost of maintenance of such \r\nwater-course so long as he uses it. \r\n16.  Application for construction of new water-course.– Any person desiring the \r\nconstruction of a new water-course may apply in writing to the Collector, stating– \r\n(i) that he has endeavoured unsuccessfully to acquire, from the owners of \r\nthe land through which  he desires such water-course to pass, a right to \r\noccupy so much of the land as will be needed for such water-course; \r\n(ii) that he desires the Collector, in his behalf and at his cost, to do all things \r\nnecessary for acquiring such right; \r\n(iii) that he is able to defray all costs involved in acquiring such right and \r\nconstructing such water-course. \r\n17.  Procedure of Collector thereupon.– If the Collector considers– \r\n(i) that the construction of such water-course is expedient, and \r\n(ii) that the statements in the application are true, \r\nhe shall call upon the applicant to make such deposit as the Collector considers \r\nnecessary to defray the cost  of the preliminary proceedings, and the amount of any \r\ncompensation which he considers likely to become due under section 20; \r\nand, upon such deposit being made, he shall cause enquiry to be made into the \r\nmost suitable alignment for the said water-course, and shall mark out the land which, in \r\nhis opinion, it will be necessary to occupy for the construction thereof, and shall forthwith \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\npublish a notice in every village through which the water-course is proposed to be taken, \r\nthat so much of such land as belongs to such village has been so marked out. \r\n18.  Application for transfer of existing water-course.– Any person desiring that an \r\nexisting water-course should be transferred from it’s present owner to himself, may apply \r\nin writing to the Collector stating– \r\n(i) that he has endeavoured unsuccessfully to procure such transfer from the \r\nowner of such water-course; \r\n(ii) that he desires the Collector, in his behalf, and at his cost, to do all things \r\nnecessary for procuring such transfer; \r\n(iii) that he is able to defray the cost of such transfer. \r\nProcedure thereupon.– If the Collector considers– \r\n(a) that the said transfer is necessary for the better management of the \r\nirrigation from such water-course, and \r\n(b) that the statements in the application are true,  \r\nhe shall call upon the applicant to make such deposit as the Collector considers \r\nnecessary to defray the cost of the preliminary proceedings, and the amount of any \r\ncompensation that may become due under the provisions of section 20 in respect of \r\nsuch transfer;  \r\nand, upon such deposit being made, he shall publish a notice of the appli cation in \r\nevery village affected. \r\n19.  Inquiry into, and determination of, objections to construction or transfer of \r\nwater-courses.– (1) When within thirty days from the publication of a notice under section \r\n17 or section 18 as the case may be, any person interested in  the land or water-course \r\nto which the notice refers, applies to the Collector as aforesaid, stating his objection to the \r\nconstruction or transfer for which application has been made, the Collector shall give notice \r\nto the other persons interested that, on a day to be named in such notice  or any \r\nsubsequent day to which the proceedings may be adjourned, he will proceed to inquire into \r\nthe matter in dispute or into the validity of such objections as the case may be. \r\n(2)  Upon the day so named or any such subsequent day as aforesaid, the \r\nCollector shall proceed to hear and determine the dispute or  the objection as the case may \r\nbe. \r\n20.  Expenses to be paid by applicant for construction or  transfer of water-course \r\nbefore receiving occupation.– No applicant under section 16 or section 18, as the case \r\nmay be, shall be placed in occupation of such land or water-course until he has paid to the \r\nperson named by the Collector such  amount as the Collector determines to be due  as \r\ncompensation for the land or water-course so occupied  or transferred, and for any \r\ndamage caused by the marking out or occupation of such land, together with all expenses \r\nincidental to such occupation or transfer. \r\nProcedure in fixing compensation.– Compensation to be made under this section \r\nshall be assessed as provided in section 55, but the Collector may, if the person to be \r\ncompensated so desire, award such compensation in the form of a rent charge payable \r\nin respect of the land or water-course occupied or transferred. \r\nRecovery of compensation and expenses.– If such compensation and expenses \r\nare not paid when demanded by the person entitled to receive the same, the amount may \r\nbe recovered by the Collector, and shall, when recovered, be paid by him to the person \r\nentitled to receive the same. \r\n21.  Conditions binding on applicant placed in occupation.– (1) When any such \r\napplicant has duly complied  with the conditions laid down in section 20, he shall be \r\nplaced in occupation of the land or water-course as aforesaid, and the following rules and \r\nconditions shall be thereafter binding on him and his representative in interest:– \r\n(a) In all cases, \r\nFirst– All works necessary for the passage across such water-course or water-\r\ncourses existing  previous to its construction and of the drainage intercepted by it, \r\nand for affording  proper communications across it for the convenience of the \r\nneighbouring lands,  shall  be  constructed  by  the  applicant,  and  be  maintained  \r\nby  him  or  his representative in interest to the satisfaction of the Collector. \r\nSecond– Land occupied for a water-course under the provisions of section 17 shall \r\nbe used only for the purposes of such water-course. \r\nThird– The proposed water-course shall be completed to the satisfaction of the \r\nCollector within one year after the applicant is placed in occupation of the land. \r\n(b) In cases in which land is occupied or a water-course is transferred, on the \r\nterms of a rent-charge, \r\nFourth– The applicant or his representative in interest shall, so long as he occupies \r\nsuch land or  water-course,  pay  rent  for  the  same  at  such  rate  and  on  such  \r\ndays  as  are determined by the Collector when the applicant is placed in occupation. \r\nFifth– If the right to occupy the land cease owing to a breach of any of these \r\nrules, the liability  to pay the said rents shall continue until the applicant or his \r\nrepresentative in interest has restored the land to its original condition, or until he \r\nhas paid, by way of compensation  for any injury done to the said land, such \r\namount and to such person as the Collector determines. \r\nSixth– The Collector may, on the application of the person entitled to receive such \r\nrent or compensation,  determine  the  amount of rent due or assess  the amount of \r\nsuch compensation;  and if any such rent or compensation be not paid by the \r\napplicant or his representative in interest, the Collector  may  recover the amount, \r\nwith interest thereon at the rate of six per cent. per annum from the date on which \r\nit became due, and shall pay the same, when recovered, to the person to whom it is \r\ndue. \r\n(2)  If any of the rules and conditions prescribed by this section are not \r\ncomplied with, or if any water-course constructed or transferred under this Act is disused \r\nfor three years continuously, the right of the applicant, or of his representative in interest, \r\nto occupy such land or water-course shall cease absolutely. \r\n22.  Construction of outlets from canals by Collector.– The Collector may construct \r\nor repair or alter a sluice or outlet to regulate the  supply of water from a canal to any water -\r\ncourse. \r\n23.  Power to convert several water-courses running for a long distance side by \r\nside into one water-course.–  (1)  In cases where there are water-courses running side \r\nby side or so situated as to interfere with the economical use or proper management of the \r\nwater-supply, the Collector, if applied to for that purpose, or on his own motion may require \r\nthe owners to make arrangements to his satisfaction to unite the water -courses or to \r\nsubstitute for them such system as may have been approved by him. \r\n(2)  If the owners fail within such time as the Collector may fix to comply with any \r\norder passed by him under sub-section (1) the Collector may himself execute the work. \r\n(3)  Whenever a water-course has been reconstructed or a new system \r\nsubstituted under sub-section (1) or sub-section (2), the Collector may fix the shares in \r\nwhich the water shall be enjoyed by the persons entitled to use the water-course. \r\n24.  Procedure applicable to occup ation for  extensions and alterations .– The \r\nprocedure hereinbefore provided for the occupation of land for the construction of  a water-\r\ncourse shall be applicable to the occupation of land for any extension or alteration of a \r\nwater-course and for the deposit of soil from water-course clearances. \r\n25.  Costs of executing works under section 22, or section 23, by whom \r\npayable.– In every case under  section 22 or section 23, the cost of executing or \r\ncompleting the works shall be payable by such person or persons deriving benefit from the \r\nwater-course as the Collector may in each case determine. \r\n26.  Power of \r\n1\r\n[Provincial Government] to direct supply of labour by irrigators.– The  \r\n2\r\n[Provincial Government] may, by notification, direct that the irrigators from any canal or any \r\ntwo or more adjacent canals shall be bound to furnish labour free of cost to Government \r\nfor the purpose of effecting the annual  silt clearance of such canal or canals or of \r\nmaintaining such canal or canals in  a state of efficiency or of executing any work \r\nnecessary thereto, in either of the following cases, namely:– \r\n(a) whenever such irrigators are bound, by a condition entered in the record-\r\nof-rights of such canal  or canals or of the estates supplied with water \r\ntherefrom or by established custom, to furnish such labour, or \r\n(b) whenever the land-owners who are responsible for the payment of more \r\nthan half the land-revenue assessed on the land irrigated from such canal, or \r\ncanals, agree to undertake to supply such labour. \r\n27.  Powers of Collector upon  issue of notification under section  26.– Upon the \r\nissue of a notification unde r section 26 the Collector may, from time to time, by general or \r\nspecial order,– \r\n(a) determine the amount of labour to be provided or the amount of work to be \r\nperformed by each irrigator; \r\n(b) regulate the a ttendance, distribution and c ontrol of the labourers provided or \r\nthe manner of the performance of the work; \r\n(c) assess and recover the cost of such labour from any person who fails to \r\ncomply with an order passed under this section; and \r\n(d) fund all costs so recovered and expend them on the provision of hired \r\nlabour for any of the canals to which  the notification applies, or subject to \r\nthe provisions, if any, of a record-of-rights specified in section 26 or section \r\n28, on any other purpose connected with the well- being thereof: \r\nProvided that the costs assessed as aforesaid shall not exceed eight annas for each \r\nday’s labour of each of the labourers in respect of whom default has occurred. \r\n28.  Power to prepare record for canal.– (1) The Collector shall, whenever the \r\n \r\n3\r\n[Provincial Government]  may, by special order or by the rules made under the authority \r\nof this Act, so direct, prepare or revise for any canal a record showing all or any of the \r\nfollowing matters, namely:– \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n(a) the custom or rule of irrigation; \r\n(b) the rights to water and the conditions on which such rights are enjoyed; \r\n(c) the rights as to the erection, repair, re-construction and working of mills, and \r\nthe conditions on which such rights are enjoyed; and \r\n(d) such other matters as the \r\n \r\n1\r\n[Provincial Government] may by rule prescribe in \r\nthis behalf. \r\n(2)  Entries in the record so prepared or revised shall be relevant as evidence in \r\nany dispute as to the matters recorded, and shall be presumed to be true until the contrary \r\nis proved or a new entry is lawfully substituted therefor: \r\nProvided that no such entry shall be so construed as to limit any of the powers \r\nconferred on \r\n2\r\n[the Provincial Government] by this Act. \r\n(3)  When a record showing all or any of the matters enumerated in sub-section \r\n(1) has been framed at  any settlement of the land revenue already sanctioned by \r\n3\r\n[the \r\nProvincial Government] and has been attested by a revenue officer, such record shall be  \r\ndeemed to have been made under this section. \r\n(4)  Every person interested shall be bound to furnish to the Collector, or to any \r\nperson acting under the direction of the Collector, all information necessary for the correct \r\npreparation of a record under this section. \r\n(5)  The provisions of Chapter IV of the 4\r\nPunjab Land Revenue Act, 1887, shall, \r\nso far as may be, apply to the preparation and revision of every such record. \r\nWater-rates \r\n29.  Levy of water-rates.– (1) Subject to the terms of any agreement made by it with the \r\nowners or irrigators, the \r\n5\r\n[Provincial Government] may, by notification, direct that a rate or \r\nrates shall be levied for the use of water of a canal in an authorised manner. \r\n(2)  The \r\n6\r\n[Provincial Government] may, by notification, also impose a special rate \r\nfor all water obtained or used without authority or in an unauthorised manner. \r\n(3)  The rate or rates imposed under sub-section (1) or sub-section (2) shall be \r\nleviable from such persons deriving benefit from the water as the \r\n7\r\n[Provincial Government] \r\nmay, by general or special rule, direct. \r\n(4)  Subject to the terms of any such agreement as aforesaid, the proceeds of \r\nany rate or rates levied under this section shall be disposed of in such manner as the \r\n8\r\n[Provincial Government] may, by general or special rule, direct. \r\n30.  Liability when person using unauthorisedly cannot be identified.– If water \r\nsupplied through a water-course be used in an unauthorised manner, and if the person by \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Ibid., for the word “Government”, Article 3 read with the Sixth Schedule. \r\n3Ibid., for the words “the Government”. \r\n4XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Ibid. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n8Ibid. \r\nwhose act or neglect such use has occurred cannot be identified,  \r\nthe person on whose land such water has flowed  if such land has derived benefit \r\ntherefrom, \r\nor, if  such person cannot be identified, or if such land has not derived benefit \r\ntherefrom, all the persons chargeable in respect of the wat er supplied through such water -\r\ncourse, \r\nshall be liable, or jointly liable as the case may be, to the charges made for such use. \r\n31.  Liability when water runs to waste.– If water supplied through a water-course \r\nbe suffered to run to waste, and if after enquiry by the Collector, the person through whose \r\nact or neglect such water was suffered  to run to waste cannot be discovered, all the \r\npersons chargeable in respect of the water supplied through such water -course shall be \r\njointly liable for the charges made in respect of the water so wasted. \r\n32.  Charges recoverable in addition to penalties.– All charges for the unauthorised \r\nuse or for waste of water may be recovered in addition to any penalties incurred on account \r\nof such use or waste. \r\nAll questions under section 30 or section 31 shall be decided by the Collector. \r\nCHAPTER IV \r\nProvisions applicable to canals included \r\nunder Schedule II \r\n33.  This chapter applicable only to canals under Schedule II.– Except as the \r\n1\r\n[Provincial Government]  may otherwise direct under section 69 the provisions of this \r\nchapter shall apply only to canals for the time being included under Schedule II. \r\n34.  Power of the Collector, in certain cases, to declare or appoint a manager of a \r\ncanal.– Where there are  numerous share-holders in the ownership of a canal, or where it \r\nis difficult to ascertain the persons who are  share-holders  or the extent of the interest of \r\nthe share-holders, or any of them, the Collector may, if there is no proper manager or \r\nrepresentative, require by a proclamation or notice in writing,  the share-holders to \r\nnominate, within a given period, a fit person as manager of the canal and their  \r\nrepresentative, and upon their failure to do so, may himself appoint any person to be the \r\nmanager of  such canal and the representative of the share-holders, and the person so \r\nappointed may thereupon do all  acts  and  things  which  the  share-holders  or  any  of  \r\nthem  might  lawfully  do  in  regard  to  the management of such canal, and all acts and \r\nthings so done by him shall be binding upon every person who possesses any share in the \r\nownership of such canal. \r\n35.  Power of \r\n2\r\n[Provincial Government] to apply the provisions of section 28 to any \r\ncanal.– The \r\n3\r\n[Provincial Government] may, by notification, declare all or any of the \r\nprovisions of section 28 (as to the preparation and revision of records) to be applicable to \r\nany canal, and, upon any such declaration being made, such provisions shall,  as far as \r\nmay be, apply accordingly. \r\n36.  Power to assume control or management, or both, of a canal.– (1) It shall be \r\n                                                \r\n1Ibid. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\nlawful for the\r\n \r\n1\r\n[Provincial Government], by notification, to assume the control or \r\nmanagement, or both, of any canal– \r\n(a) if the owner of such canal consents thereto, and subject to the condition \r\n(if any) on which such consent may in any case be given; \r\n(b) if, after enquiry, the \r\n2\r\n[Provincial Government] is satisfied that the control or \r\nmanagement exercised by or on behalf of the owner is such as causes grave \r\ninjury to the property or health of persons owning lands in the vicinity; \r\n(c) in the event of any wilful and con tinuous breach of orders issued under \r\nsection 39 of this Act.  \r\n(2)  When the control or management, or both, of any canal is assumed under \r\nthe provisions of sub-section (1), the \r\n3\r\n[Provincial Government] may exercise all or any of \r\nthe rights and powers in regard thereto which, but for such assumption, the owner might \r\nlawfully have exercised, and may delegate such powers or any of them to any person, but \r\nGovernment shall, in the absence of any decree or agreement to the contrary, be liable to \r\naccount, from time to time, to such owners for the income and expenditure thereof and \r\nmay at any time restore the canal to the owner. \r\n37.  Right of owner upon such assumption, to demand that the canal shall be \r\nacquired by the Government .–  When the control or management, or both, of a canal \r\nshall be assumed by the \r\n4\r\n[Provincial Government] under clause ( b) or clause  (c) of sub-\r\nsection (1) of section 36, and such control or management shall have continued for a period \r\nexceeding six years, the owner thereof may, by notice in writing delivered to the Collector, \r\nrequire that the Government shall acquire such canal. \r\n38.  Power to acquire can al on dem and of the owner .– On receipt of notice under \r\nsection 37 the \r\n5\r\n[Provincial Government] shall by notification declare that the said canal will \r\nbe acquired after a day to be named in the said notification, not being earlier than three \r\nmonths from the date thereof, and after the issue of such notification the Collector sha ll \r\nproceed as in sections 46 and 47 provided. \r\n39.  Power to fix the limits of irrigation and water-rates and to regulate the \r\ndistribution of water .– The \r\n \r\n6\r\n[Provincial Government] may after inquiry through the \r\nCollector, in respect of any canal, issue orders as to all or any of the following things, \r\nnamely– \r\n(a) fixing the limits within which land may be irrigated from such canal; \r\n(b) fixing, as it may deem equitable, the amount and character of the water-\r\nrates leviable by the owner, and the conditions on which such rates a re to be \r\npaid, suspended, remitted or refunded; \r\n(c) regulating the supply and distribution of the water to and from such canal: \r\nProvided that if any land which has been continuously irrigated from the canal \r\nfor three years previously is  deprived of irrigation, or the income of the canal-owner from \r\nsuch canal is materially reduced by reason of any order passed under this section, the \r\n                                                \r\n1Ibid. \r\n2Ibid. \r\n3Ibid. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5Ibid. \r\n6Ibid. \r\nowners of such land or the canal-owner shall be paid by Government or by such persons \r\nas Government may determine such compensation as the Collector may consider \r\nreasonable. \r\nProvided further that if the canal owner has in the opinion of the \r\n1\r\n[Provincial \r\nGovernment] exercised his powers as such in an a rbitrary or inequitable mann er he shall \r\nnot be entitled to compensation under this section. \r\n40.  Collection, in certain cases, of water-rates of a canal by the \r\n2\r\n[Provincial \r\nGovernment].– (1) The \r\n3\r\n[Provincial Government] may, at the request of the owner, \r\nundertake the collection of the water-rates leviable in respect of a canal for such period as  \r\nmay be agreed upon with him, and may, thereupon,– \r\n(a) regulate such collection and determine the persons by whom it shall be made; \r\n(b) direct that by way of payment for service rendered in making such collection, \r\ndeductions shall be made not exceed ing three per cent . of the amount \r\ncollected. \r\n(2)  During the period for which the \r\n4\r\n[Provincial Government] has undertaken the \r\ncollection of the water-rates leviable in resp ect of a  canal, no suit for the recovery of any \r\nsuch rates shall be instituted. \r\nCHAPTER V \r\nProvisions applicable to all canals \r\n41.  This chapter applicable to all canals.– Save as otherwise hereinafter expressly \r\nprovided, the provisions of this chapter shall be applicable to all canals, whether included \r\nunder Schedule I or under Schedule II. \r\n42.  Consent or decision of the owner how to be determined.– Whenever, in respect \r\nof any canal, any question  arises  which has under this Act or the rules made thereunder, \r\nto be determined by the request consent or decision of the owner, and the ownership of \r\nsuch canal is vested in more persons than one who are unable to agree as to such  \r\nrequest consent or decision it shall be lawful to the Collector  to act on behalf of the \r\nowners in any such matter, and the request consent or decision of the Collector in any \r\nsuch case shall be binding upon every person who possesses any share in the ownership of \r\nsuch canal. \r\nIn every such case the Collector shall give due consideration to the wishes of the \r\nshare-holder or share-holders who possess the larger interest, and when the question is \r\none whether the Government shall be required to take any action, the wishes of such share-\r\nholder or share-holders shall prevail and be accepted by the Collector. \r\n43.  Settlement of disputes.– (1) Save as provided in the preceding section, whenever a \r\ndispute arises between two or more persons in regard to their mutual rights and liabilities in \r\nrespect of the ownership, construction, use or maintenance of a canal or water-course, \r\nand any such person applies in writing to the Collector stating the matter in dispute, the \r\nCollector shall give notice to the other person or persons interested that on a day to be \r\nnamed in such notice or any such day to which the proceedings may be adjourned, he will \r\nproceed to inquire into the matter in dispute. \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n(2)  Upon the day so named or any such subsequent day as aforesaid, the \r\nCollector shall proceed to hear and determine the dispute in t he following manner, that is to \r\nsay, \r\n(a) If the dispute relates to the ownership of a canal or the mutual rights of \r\nowners in the use of  the water of such canal or the construction or \r\nmaintenance of a canal or the payment of any share of the costs of such \r\nconstruction or maintenance or the distribution of the supply of water from a \r\ncanal, the Collector shall proceed as a Revenue Court under the provisions of \r\nthe Punjab Tenancy  Act, 1887\r\n1\r\n, and the provisions of that  Act r egarding \r\nappeals, revisions and reviews shall be applicable. \r\n(b) If the dispute relates to a water-course the Collector shall hear and determine \r\nthe case as a revenue officer  and shall make such order thereon as to him \r\nseems fit, and such order shall unless  set aside on appeal to the \r\nCommissioner be conclusive as to the use or distribution of water  for any \r\ncrop sown or growing at t he date of  such order.  The order of the \r\nCommissioner on appeal shall in every such case be final. \r\n44.  Acquisition of land for canals.– (1) Any person who has obtained the \r\npermission of the \r\n2\r\n[Provincial Government] to construct, or who owns a canal, may apply in  \r\nwriting to the Collector to take up any land required for the purposes of such canal. \r\n(2)  If the Collector is of opinion that the application should be granted, he shall \r\nsubmit it, with his recommendation, for the orders of the \r\n3\r\n[Provincial Government]. \r\n(3)  If, in the opinion of the 4\r\n[Provincial Government], the application should, \r\nwhether in whole or in part, be granted, it may declare that the land is required for a public \r\npurpose within the meaning of the Land Acquisition Act, 189 4\r\n5\r\n, and direct the necessary \r\naction to be taken thereunder. \r\n45.  Power to acquire canal by consent or otherwise.– Whenever it appears to the \r\n6\r\n[Provincial Government]  expedient in the public interest to acquire any canal, the  \r\n7\r\n[Provincial Government] may by notification declare that the said canal will be acquired after \r\na day to be named in the said notification, not being earlier than  8\r\n[one month] from the date \r\nthereof. \r\n46.  Notice as to claims for compensation .– As soon as practicable after  the issue of \r\nsuch notification the Collector shall cause public notice to be given at convenient places \r\nstating that the  9\r\n[Provincial Government] intends to acquire the said canal as aforesaid and \r\nthat claims for compensation in respect of the acquisition thereof may be made before him. \r\n                                                \r\n1India Act XVI of 1887. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5I of 1894. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Ibid. \r\n8Substituted for the words “six months” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the \r\nPunjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 3. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n47.  Inquiry into claims.– (1) The Collector shall proceed to inquire into any such \r\nclaims and to determine  the  amount of compens ation, which should be  given to the \r\nclaimant, in assessing such  compensation the Collector shall proceed as provided in \r\nsection 55, but for the purposes of this section he shall also have regard to the history of \r\nthe canal, the expenditure incurred thereon and the profits  1\r\n[already earned by] the owner. \r\n(2)  Limitation of claims.– No claim for compensation shall be enforceable after \r\nthe expiration of one  year from the date of the notice under section 46, unless the \r\nCollector is satisfied that the claimant had sufficient cause for not mak ing the claim within \r\nsuch period. \r\n48.  Vesting of canal in \r\n2\r\n[Government].– (1) The \r\n3\r\n[Provincial Government] shall by  \r\nnotification declare the day on which a canal has been acquired by it \r\n4\r\n[,]  5\r\n[and \r\nnotwithstanding that compensation  has not been assessed under section 47 or paid to the \r\nclaimant, the canal shall be deemed to have been acquired on the day so declared.] \r\n(2)  Subject to the award of compensation to the owner or person interested in \r\nthe said canal, when the \r\n6\r\n[Provincial Government] acquires a canal,– \r\n(a) the right, title and interest therein, of the  owner thereof shall forthwith cease \r\nand determine; \r\n(b) such canal, subject to any right to take water for irrigation which any \r\nperson may have, shall forthwith vest in and be the absolute property of \r\n7\r\n[the \r\n8\r\n[Provincial Government] ]. \r\n49.  Power to regulate flow of water in r ivers, creeks, natural channels or lines of \r\nnatural drainage and to prohibit therein or order removal therefrom of obstructions.– \r\nThe \r\n9\r\n[Provincial Government]  may, by notification published in the official Gazette, take \r\npower to regulate the flow of water in any river, creek natural channel or line of natural \r\ndrainage whether by the construction or removal of works or otherwise, and whenever it \r\nappears to such Government, after inquiry through the Collector that the supply of water to \r\na canal or the cultivation of any land or the public health or public convenience is likely to \r\nbe injuriously affected by the obstruction of any river, creek natural  channel or line of \r\nnatural drainage it may, by notification published as aforesaid, prohibit within the limits to \r\nbe defined  by such notification the formation of such obstruction, or may within such  \r\nlimits  order the removal or other modification of such obstruction. \r\n50.  Power to remove o bstruction after pu blication of notification, and p ayment of \r\n                                                \r\n1Substituted for the word “of” by  the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab \r\nGazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 4. \r\n2Substituted for the words “the C rown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (A daptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Substituted for the “full-stop” by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab \r\nGazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 5. \r\n5Added ibid, s. 5. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Substituted ibid ., for the words “the Government”, Article 3 read with the Sixth Schedule.  \r\n8Substituted for the words “Crown for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.  \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\ncompensation.– (1) The Collector may, after such publication, issue an order to the \r\nperson causing or having control over any such obstruction to remove or modify the same \r\nwithin a time to be fixed in the order. \r\n(2)  The Collector may himself remove or modify the obstruction– \r\n(a) if the person to whom the order under sub-section (1) was issued fails to \r\ncomply with that order within the time so fixed; and \r\n(b)  in any case where the obstruction is not caused or controlled by any person. \r\n(3)  The Collector shall determine from whom the cost of removing or modifying \r\nthe obstruction shall be  recovered, and the amount of compensation due to any person \r\ninjuriously affected by the removal or modification of the obstruction and the pers on by \r\nwhom such compensation shall be payable: \r\nProvided that no compensation shall be awarded for an advantage obtained by \r\nan arbitrary or inequitable course of action. \r\n51.  Power of the Collector to regulate flow of water and prohibit or remove \r\nobstructions.– When the \r\n1\r\n[Provincial Government] has by notification as provided in \r\nsection 49 taken power to regulate  the flow of water  in any river, creek or natural \r\nchannel or line of natural drainage it may authorise the Collector to exercise such power  \r\non its behalf in accordance with such rules as it may prescribe. A Collector so authorised \r\nmay in the execution of such rules exercise all the powers conferred upon him by section \r\n50, and his authority shall include the power to take such action  as the \r\n2\r\n[Provincial \r\nGovernment] is empowered by section 49 to take after inquiry through the Collector. Such \r\nauthority may on every occasion be exercised without the publication of any further \r\nnotification in the \r\n3\r\n[Official Gazette]. \r\n52.  Powers as to the construction and maintenance of works in respect of canals \r\nunder Schedule II.– (1) The Collector may, at any time, order the owner of any canal under \r\nSchedule II to– \r\n(a) repair and maintain, in a proper state, all or any embankments, protective \r\nworks, reservoirs, channels, water-courses, sluices, out-lets and other works \r\nconnected with the canal; \r\n(b) construct, repair and maintain, in a proper state, a suitable bridge, culvert, \r\nor similar work at any  place across, under, or over the canal, for the \r\npurpose of providing communication with any public road or thorough fare \r\nwhich was in use before the canal was made; \r\n(c) construct, repair and maintain, in a proper state, suitable works for the \r\npassage of the water of the canal across, under, or over any public road or \r\nthoroughfare or any canal or drainage channel which was in use before the \r\ncanal was made; \r\n(d) construct, repair and maintain, in a proper state, a suitable regulator at or \r\nnear the head of the canal where, for want of such regulator, an excessive \r\nsupply of water may enter the canal or cause damage to it, or any crops, \r\nlands, roads or property in the neighbourhood. \r\n“Canal” as used in this sub-section does not include “water-course”. \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Ibid. \r\n3Ibid., for the word “Gazette”. \r\n(2)  The Collector may at any time order the owner of a water-course to perform \r\nin respect of such water-course all or any of the acts which he may under sub-section (1) \r\norder the owner of a canal to perform in respect of the canal, and may direct the owner \r\nof the canal to cease supplying water to the water-course till the owner of the water-course \r\nhas complied with the order. \r\n(3)  Every order under sub-sections (1) and (2) shall be in writing, and shall \r\nspecify a reasonable time within which the works or repairs men tioned therein shall be \r\ncompletely executed. \r\n(4)  If any order made under this section is not obeyed, to the satisfaction of the \r\nCollector, within the time therein specified, the Collector may himself execute or complete \r\nthe execution of, or cause to be so executed or completed, all works or repairs specified in \r\nthe order. \r\n53.  Powers as to construction and maintenance of works in respect of canals \r\nunder Schedule I.– In the case of canals included under Schedule I, the Collector may– \r\n(a) call upon the irrigators to discharge any of the liabilities specified in section \r\n52, sub-section (1), which the \r\n1\r\n[Provincial Government] may have declared \r\nto attach to the irrigators from such canal or group of canals; or \r\n(b) himself arrange for the performance of such acts and recover the cost as \r\nprovided in section 57. \r\n54.  Power to take possession and to construct works in cases of emergency.– (1) \r\nIf any new work is immediately required to prevent  serious detriment to the utility of a canal, \r\nthe Collector may, notwithstanding  anything in the Land  Acquisition Act, 1894\r\n2\r\n, take \r\nimmediate possession of any land required for the construction of the work. \r\n(2)  When the Collector has taken possession of any land under sub-section \r\n(1), he shall, upon application made to him in this behal f, assess and pay compensation \r\nunder section 55. \r\n(3)  In the event of sudden and serious damage or urgent risk to a canal or to \r\nproperty situate in the immediate  neighbourhood thereof, or to irrigation carried on \r\ntherefrom, or to the public traffic, the Collector may, after giving previous notice, execute \r\nor cause to be executed such works as he may think necessary  in order to remedy or \r\nprevent such damage or risk, and may require any irrigator to furnish such labour as to \r\nthe said Collector may seem reasonable and necessary for the immediate execution of \r\nsuch works. \r\n(4)  Labour furnished under this section shall be paid for at the local market rate.  \r\n(5)  An order passed under sub-sections (3) and (4) shall be final. \r\n55.  Assessment of compensation.– \r\n3\r\n[(1)] In assessing the amount of compensation \r\nto be paid under any  section  of this Act other than sections 12, 14, 21, 39 and 50, the \r\nCollector shall proceed under the provisions of the  Land Acquisition Act, 1894\r\n4\r\n, and the \r\nprovisions of that Act  \r\n5\r\n[except sections  1\r\n[18 to 22, 25 to 28], subsection (3) of section 48 \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2India Act I of 1894. \r\n3Renumbered by the Punjab Minor Canals (Amendment) Act,  1952 (XVII of 1952), published in the Punjab Gazette \r\n(Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6. \r\n4India Act I of 1894. \r\n5Substituted for the expression “regarding inquiries and awards b y the Collector, references to the civil courts and procedure \r\nthereon, apportionment of compensation, payment and appeals” by  the Punjab Minor Canals (Amendment) Act, 1952 (XVII of \r\n1952), published in the Punjab Gazette (Extraordinary), dated: 7 February 1952, pp. 125-126, s. 6. \r\nand section 54] shall, as far as may be, be applicable to all proceedings under this section. \r\n2\r\n[(2) An appeal shall lie to the Commissioner from an award made by the \r\nCollector, and to the  3\r\n[Board of Revenue], from the ord er passed thereon by the \r\nCommissioner: \r\nProvided that no appeal shall lie to the \r\n4\r\n[Board of Revenue], if the order of the \r\nCollector is confirmed on appeal by the Commissioner.] \r\n56.  Compensation for right of user or in the form of a supply of water.– With the \r\nconsent of the parties, the Collector may, when assessing the amount of compensation to \r\nbe paid, direct, in the case of an acquisition of land, that the property in such land shall \r\nremain with the owner subject to a right of user so long as the land is required for the \r\npurpose of the canal or water-course, compensation being awarded for the right of user \r\nonly, or in the case of an acquisition of a canal, or of land for the purposes of a canal that \r\nthe compensation shall take the form in whole or in part of a right to a supply of water \r\nfrom the c anal which has been acquired or f or the purposes of which land has been \r\nacquired. \r\n57.  Apportionment and recovery of the cost of land acquired or works executed.– \r\n(1) When any land is acquired under the provisions of section 44, or when any work is \r\nexecuted by or under the orders of  the Collector  under the provisions of section 50, \r\nsection 52, section 53 or section 54 the cost of acquiring such land or of executing such \r\nwork, as the case may be, shall be recoverable– \r\n(a) if the canal is included under Schedule II,– from the owner thereof; or \r\n(b) if the canal is included under Schedule I,– from the irrigators or such of them \r\nas are, in the opinion of the Collector, benefited or likely to be benefited by \r\nthe acquisition or equitably liable for the whole or any part of the cost of \r\nexecuting the work or from the proceeds of any water -rate levied under \r\nsection 29; and \r\n(c) if such appropriation is not contrary to the provisions of the record-of-\r\nrights specified in section 28 of this Act, – from the fund referred to in section \r\n27 of this Act. \r\n(2)  When the cost of acquiring any land or of executing any work is, under \r\nthe provisions of sub-section (1), recoverable from the owner of any canal or from the \r\nirrigators therefrom, or any of them, it shall be lawful for the Collector to apportion such \r\ncosts as to him may seem equitable, among all or any of the persons liable for the whole or \r\nany portion thereof and such apportionment shall be final. \r\n(3)  When the cost of acquiring such land has been paid, such land, if acquired \r\nin full proprietary right, shall become the property of the canal-owner. \r\n58.  Power to regulate mills.– (1) The  5\r\n[Provincial Government] may, by general or \r\n                                                                                                                                                  \r\n1Substituted for the expression  “18 to 28, both inclusive” by the Punjab Minor Canals (Amendment) Ordinance 1985 (XII of \r\n1985), published in the Punjab Gazette (Extraordinary), dated: 23 February 1985, s. 2.  \r\n2Added by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952), published in the Punjab Gazette (Extraordinary), \r\ndated: 7 February 1952, pp. 125-126, s. 6. \r\n3Substituted for the words and comma “Financial Commissioner, Revenue” by the West Pakistan (Adaptation and Repeal of \r\nLaws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. \r\n3 read with the Schedule III: it came into force on 14 October 1955. \r\n4Substituted for the words and comma “Financial Commissio ner, Revenue” by the West Pakistan (Adaptation and Repeal of \r\nLaws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709 -789, s. \r\n3 read with the Schedule III: it came into force on 14 October 1955. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\nspecial order, prohibit or regulate the construction of new, and regulate the use of existing, \r\nmills upon canals, and the appropriation of the water of canals for working mills. \r\n59.  Application of sections 13 to 16 of Land Revenue Act, 1887\r\n1\r\n.– Except in so far \r\nas a contrary intention is expressed, sections 13 to 16 (both inclusive) of the  2\r\nPunjab \r\nLand Revenue Act of 1887 shall apply to all proceedings under this Act. \r\n60.  Exclusion of jurisdiction of Civil Court except under Land Acquisition Act.– \r\nSave as in section 55  provided,  no Civil Court shall have jurisdiction in any matter which \r\na Revenue Officer or Revenue  Court is empowered by this Act to dispose of, or take \r\ncognizance of the manner in which the \r\n3\r\n[Provincial Government] or any Revenue Officer or \r\nRevenue Court exercises any powers vested in it or him by or under this Act. \r\n61.  Power to appoint officers to exercise  functions under this Act.– (1) The \r\n4\r\n[Provincial Government] may appoint any person or any class of officials to perform any \r\nfunctions, or to exercise any powers, by this Act or the rules made thereunder conferred on \r\nor vested in the Collector, Commissioner, \r\n5\r\n[Board of Revenue] or such Government. \r\n(2)  Such appointments may be made in respect of any canal or of all or any of \r\nthe canals, situate within any specified local area. \r\n(3)  In all matters connected with this Act, the \r\n6\r\n[Provincial Government] shall \r\nhave and exercise over  the \r\n7\r\n[Board of Revenue], the Commissioner and the Collector, \r\nand the \r\n8\r\n[Board of Revenue] shall  have and exercise over the Commissioner and the \r\nCollector and the Commissioner shall have and exercise  over the Collector, the same \r\nauthority and control as it or they respectively have and exercise over them in the general \r\nand revenue administration. \r\n62.  Powers of Collector in certain proceedings under the Act.– For the purposes of \r\nevery inquiry made  and proceeding taken under this Act, the Collector or any other \r\nRevenue Officer authorised by him  in this behalf shall have power to summon and \r\nenforce the attendance of and examine parties and witnesses and compel the production \r\nof documents, and for all or any of these purposes may exercise all or any of the powers \r\nconferred on a Civil Court by the Code of Civil Procedure, 1882\r\n9\r\n, and every such inquiry \r\nshall, for the purposes of the  10\r\n[Pakistan] Penal Code, be deemed to be a judicial proceeding. \r\n63.  Permission to owners and parties interested in any canal to object in certain \r\n                                                \r\n1India Act XVII of 1887. \r\n2XVII of 1887, subsequently replaced by the Punjab Land Revenue Act, 1967. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid. \r\n5Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI o f \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 25 July 1957, pp. 709-789, s. 3 read with the Schedule \r\nIII: it came into force on 14 October 1955. \r\n8Ibid. \r\n9India Act  XIV of 1882, now the Code of civil Procedure, 1908. \r\n10Substituted for the word “Indian” by  the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), \r\npublished in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. \r\ncases.– In all cases under sections 6, 8, 11, 21, 23, 25, 30, 31, 34, 36, 38, 39, 40, 42, 43, \r\n47, 49, 50, 52, 53 and 57 of this Act, the owners and other parties interested in the canal \r\nshall be given an opportunity of appearing before the Collector and of showing cause to the \r\ncontrary. \r\n64.  Mode of serving notices and making proclamations.– Every summons, notice, \r\nproclamation and  other process  issued under this Act shall, as far as may be, be \r\nserved or made in the manner provided in that behalf in sections 20, 21 and 22 of the \r\n1\r\nPunjab Land Revenue Act, 1887. \r\n65.  Bar of compensation where not expressly allowed.– Save as otherwise \r\nexpressly provided in this Act, no person shall be entitled to recover any compensation for \r\nanything at any time done in good faith intended to be done in exercise of any power \r\nconferred by this Act or by the rules made thereunder. \r\n66.  Protection of persons acting under the Act.– No suit, prosecution or other legal \r\nproceeding shall lie against any person for anything done, or in good faith intended to be \r\ndone under this Act or the rules made thereunder. \r\n67.  Government to be party to certain suits and proceedings.– (1) In any suit or \r\nproceeding in which an entry made in any record prepared under section 28 or section 35 is \r\ndirectly or indirectly called in question, the Court shall, before the final settlement of issues, \r\ngive notice of the suit or proceeding to the  Collector, and, if moved to do so by the \r\nCollector, shall make the \r\n2\r\n[Provincial Government] a party to the same. \r\n(2)  Bar of other suits against Government.– Save as provided in sub-\r\nsection (1), no suit shall lie \r\n3\r\n[against the \r\n4\r\n[Provincial Government] ] in respect of anything \r\ndone by the Collector or by any person a cting under the orders of  the \r\n5\r\n[Provincial \r\nGovernment], in the exercise of any power by this Act conferred on such Collector \r\n6\r\n[or the \r\nProvincial Government]. \r\n68.  Power to recover water-dues, water-rates and other charges by revenue \r\nprocess.– All water-dues, water-rates and other payments at any time due by or to be \r\ncollected from any person under any provision of this Act or under an  agreement entered \r\ninto by the owners of the canal or the person irrigating from it and all arrears of such \r\nwater-dues, water-rates or other payments shall be recoverable as if the same were arrears \r\nof land revenue. \r\n69.  Powers as regards canals, creeks, situate partly without the limits of \r\n7\r\n[the \r\nareas to which this Act applies].– Any or all of the powers exercisable by the \r\n8\r\n[Provincial \r\n                                                \r\n1India Act XVII of 1887 was subsequently replaced by the Punjab Land Revenue Act, 1967. \r\n2Substituted for the words “Secretary of State for India in Council” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the Sixth \r\nSchedule. \r\n3ibid., for the words “against the Government”. \r\n4Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated: 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule.  \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted ibid., for the words “or Government”, Article 3 read with the Sixth Schedule. \r\n7Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4. \r\n8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\nGovernment] under this Act in respect of any canal, river, or creek, may be exercised by \r\nsuch Government in the case of any canal, river, or creek, which is or may at any time be \r\nsituate partly within and partly  without the limits of \r\n1\r\n[the areas to which this Act applies] \r\nand in respect of so much of any such canal, river, or creek, as is within those limits; and in \r\nthe case of any such canal, river, or creek, the \r\n2\r\n[Provincial Government] may by notification, \r\nand notwithstanding the provisions o f section 2, declare what sections of this Act shall be \r\napplicable thereto. \r\n70.  Powers exercisable in cases of urgency with regard to canals situate beyond \r\n3\r\n[the areas to which this Act applies].– In respect  of any  canal situate beyond the \r\nlimits of \r\n4\r\n[the areas to which this Act applies] the \r\n5\r\n[Provincial Government] may, by \r\nnotification published in the official Gazette, declare that the powers exercisable  by a \r\nCollector under section 54 may under the circumstances there specified be exercised by the \r\nCollector or other authorised officer within the limits of \r\n6\r\n[the areas to which this Act applies] \r\nfor all or any of the purposes of such canal. \r\n71.  Offences under the Act.– Whoever without proper authority and voluntarily does \r\nany of the acts following, that is to say,– \r\n(1)  damages, alters, enlarges, or obstructs any canal; \r\n(2)  interferes with, increases or diminishes the supply of water in, or the flow \r\nof water from, through, over or under any canal; \r\n(3)  interferes with or alters the flow of water in any river, creek or stream so as \r\nto endanger, damage or render less useful any canal; \r\n(4)  being responsible for the maintenance of any water-course or using a water-\r\ncourse, neglects to take proper precautions for the prevention of waste of the water thereof, \r\nor interferes with the authorized distribution of  the water therefrom or uses such water in \r\nan unauthorized manner; \r\n(5)  corrupts or fouls the water of any canal so as to render it less  fit for the \r\npurposes for which it is ordinarily used; \r\n(6)  being liable to furnish labour under this Act, fails, without reasonable cause, \r\nto supply or to assist in supplying the labour required of him; \r\n(7)  being liable to supply labour under this Act, neglects, without  reasonable \r\ncause, so to supply and to continue to supply labour; \r\n(8)  destroys or removes any level-mark or water-gauge fixed by the authority \r\nof a public servant; \r\n(9)  passes or causes animals or vehicles to pass on or across any of the \r\nworks, banks or channels of a canal contrary to rules made under this Act after he has \r\nbeen desired to desist therefrom;  \r\n                                                \r\n1Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Substituted for the words “the Punjab” by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4. \r\n4Ibid. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted by the Punjab Minor Canals (West Pakistan Amendment) Act, 1963 (VIII of 1963), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 15 June 1963, pp. 2627-2628, s. 4. \r\n(10) disobeys any order  or proclamation issued under this Act, or commits any \r\nbreach of any rule made thereunder; \r\nshall be liable on conviction before a Magistrate of such class as the \r\n1\r\n[Provincial \r\nGovernment] directs in this behalf, to a fine not exceeding fifty rupees or to imprisonment \r\nnot exceeding one month, or to both. \r\n72.  Power to arrest without a warrant.– Any person in charge of or employed  \r\nupon any canal managed  by \r\n2\r\n[servants of the State] or by a \r\n3\r\n[District Council], may \r\nremove from the lands or buildings belonging thereto, or may take into custody without a \r\nwarrant, and take forthwith before a Magistrate, or to the nearest police station, to be dealt \r\nwith according to law any person who, within his view commits any of the following \r\noffences:– \r\n(1)  wilfully damages or obstructs any canal; \r\n(2)  without proper  authority interferes with the supply of, or flow of water in or \r\nfrom any canal or in any river or stream, so as to endanger,  damage or render  less useful \r\nany canal. \r\n73.  Definition of ‘canal’ for purposes of sections \r\n4\r\n[71 and 72].– In sections 71 and \r\n72 the word ‘canal’ shall (unless there be something repugnant in the subject or context) \r\nbe deemed to include also all  lands occupied for the pur poses of canals and all \r\nbuildings, machinery, fences, gates and other erections, trees, crops, plantations  or other \r\nproduce upon such lands. \r\n74.  Power to make rules.– (1) The \r\n5\r\n[Provincial Government] may make rules, \r\nconsistent with this Act, regulating  any matter in regard to which any power is, by this \r\nAct, conferred upon the \r\n6\r\n[Provincial Government], or upon any \r\n7\r\n[servant of the State], and \r\ngenerally to carry out the purposes of this Act. \r\n(2)  Without prejudice to the generality of the power conferred by sub-section (1), \r\nrules made under this  Act may provide for the levy of a rate imposed upon land in \r\nconsideration of its protection from sand or flood. \r\n(3)  All rules made under sub -section (1) shall be so made after previous \r\npublication in the Gazette. \r\n \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the words “servants of the  Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the \r\nGazette of West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule. They were earlier \r\nsubstituted for the words “Government officers” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n3Substituted for the words “District Board” by the Punjab Law s (Amendment) Ordinance 2018 (IV of 2018), published in the \r\nPunjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259-8267, s. 2 read with the Schedule. \r\n4Misprinted in the original Gazette as “65 and 66”. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted for the words “Local Government” by the  Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Substituted for the words “officer of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette \r\nof West Pakistan (Extraordinary), dated: 3 June 1964, pp. 1805 -1849, s. 2 read with the Schedule. The words “of the Crown” \r\nwere earlier substituted for the words “of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the Sixth Schedule. \r\n \r\nSCHEDULE I \r\n \r\nCanals District \r\n1\r\n[* *  * * * * * * * *]  \r\nHajiwah … … … … … Multan. \r\n \r\n2\r\nMontgomery. \r\nKurram Canals … … … …  \r\nChachali … … … \r\nAdwala … … … \r\nBaroch … … … \r\nLunda … … … \r\nMitha … … …  (Hill torrents) … Mianwali. \r\nRakka … … … \r\nJaba … … … \r\nVahi (including Truppi and Golar) … \r\nTrimmun … … … \r\nBhati Hill Torrent … … … … \r\nKanwan Hill Torrent  … … … … \r\nSangarh ditto  … … … … \r\nMahoi  ditto … … … …  \r\nVehoa  ditto … … … … \r\nSori  ditto    … … … …  \r\nVador  ditto    … … … …   \r\nSakhi Sarwar Hill Torrent  … … … Dera Ghazi Khan. \r\nMithawan ditto …  … … … \r\nKhosra ditto …  … … … \r\nKaha ditto …  … … … \r\nChachar ditto …  … … … \r\nChezgi  ditto …  … … … \r\nPitok ditto …  … … … \r\nNorthern Sori ditto …  … … … \r\nSouthern Sori ditto …  … … … \r\n                                                \r\n1Entries  from  “Rangoi —Hissar”  to  “Kiran —Gurdaspur”  were  omitted  by the Punjab Laws (Adaptation, Revision and \r\nRepeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87 -108, s. 2 \r\nread with the First Schedule. \r\n2Now ‘Sahiwal’. \r\nSCHEDULE II \r\n \r\nCanals   District \r\n1\r\n[* * * * *  *  * ]  \r\n \r\nPiranwala ... \r\nAmir Chandwala ... \r\nNunanwala ... \r\nSultan Muhammadwala \r\nNabbiwala ... \r\nChaharmiwala ... Left bank of Jhelum ... ... \r\nMalik Sahib Khanwala  \r\nMekananwala ... Shahpur. \r\nMalik Jahan Khanwala \r\nSarfraz Khanwala ...  \r\nJhammatanwala ... \r\nNathuwala ... \r\n \r\nMakhdumanwala ... \r\nDaimwala ... Right bank of Chenab  ... ... \r\nMuhkamdinwala ... \r\n \r\nAhmadabad  ... ... ... ... ... Jhelum. \r\n \r\n \r\n \r\n \r\n                                                \r\n1Entries from “Chakarpur Bund —Gurgaon” to “ Natha Sing of Jhandwal’s Canal —Hoshiarpur” by  the Punjab Laws \r\n(Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 \r\nJanuary 1955, pp. 87-108, s. 2 read with the First Schedule.",
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