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  "title": "PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT 2023",
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  "text": "THE PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT \r\n2023 \r\n(XIV of 2023) \r\nCONTENTS \r\n \r\nPART I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nPART II \r\nOWNERSHIP AND CONTROL OF WATER \r\n3. All natural water to vest in the Government \r\n4. Certain rights of riparian owners protected \r\n5. Rights to water accessed by public road etc. \r\n6. Certain abstraction rights to ground water sources protected \r\nPART III \r\nESTABLISHMENT \r\n7. Territorial units \r\n8. Functional units \r\n9. Canal Officers and their charges \r\n10. Appointment of Canal Officers and other officers \r\n11. General duties and powers of Canal Officers \r\n12. Compensation for damage to land etc. \r\n13. Sub-ordination of Canal Officers \r\n14. Manner of performance of duties by Canal Officers \r\n15. Conferment of duties and powers of a Canal Officer upon other officers \r\nand persons \r\nPART IV \r\nIRRIGATION AND RECLAMATION SCHEMES \r\n16. Powers to apply natural water for the purpose of a canal \r\n17. Power to provide drain and reclaim an area \r\n18. Limits of compensation on account of application of water or \r\nreclamation of an area \r\n19. Prohibition on construction of private canals and reclamation works \r\n20. Preparation of provisional schemes \r\n21. Publication of provisional schemes \r\n22. Submission and disposal of objections to provisional scheme \r\n23. Approval of provisional schemes \r\n24. Schemes for construction of private canals and drains \r\nPART V \r\nOF CONSTRUCTION AND RUNNING OF  \r\nCANALS AND DRAINS  \r\n25. Powers of a Canal Officer to enter upon land and work on construction \r\nof a canal or drain \r\n26. Responsibility to provide means of crossing etc. at canals and drains \r\n27. Removal of any obstruction to drainage \r\n28. Amount of water to be supplied to a canal and the shares of irrigators \r\ntherein \r\n29. Addition of new areas to irrigation area of a canal \r\n30. Preparation of seasonal canal regulation plans \r\n31. Quality of canal water etc. and prohibition to discharge noxious \r\nmaterials therein \r\n32. Minimum standards of irrigation and drainage services \r\n33. Independent measurement of standard of service \r\nPART VI \r\nVILLAGE IRRIGATION PLANS  \r\nAND WATER COURSES \r\n34. Preparation and publication of draft village irrigation plans \r\n35. Approval of village irrigation plans \r\n36. Notice to irrigators etc. to construct an approved water course \r\n37. Construction of approved water course by irrigators \r\n38. Construction of approved water course on failure of irrigators to do so \r\n39. Construction of a new or alteration of an existing water course \r\n40. Duty of persons accepting supply of water from a canal to allow use of \r\ntheir lands for construction of water course \r\n41. Certain obligations of water course owners \r\n42. Resignation of interests by an owner of water course and its transfer to \r\nany other person \r\n43. Arrangement with an owner of water course by other persons for supply \r\nof water \r\n44. Payment of cost of construction of water courses etc. \r\n45. Settlement of disputes as to mutual rights and obligations in a water \r\ncourse \r\n46. Prohibition on use of land of water courses for any other purpose and \r\ndemolishing, altering or interfering with a water course \r\n47. Restoration of demolished or altered water courses \r\n48. Ledger of water courses \r\nPART VII \r\nSUPPLY OF CANAL WATER \r\n49. Uses to which canal water may be applied \r\n50. Canal water to be supplied through sanctioned outlets \r\n51. Outlets to generally supply canal water under gravity \r\n52. Ledger of outlets \r\n53. Prohibition to use canal water without permission and method of \r\nobtaining such permissions \r\n54. Prohibition on use of percolated water without permission and method \r\nof obtaining such permissions \r\n55. Permission to use canal or percolated water to be transferable with land \r\netc. \r\n56. Prohibition on sale of canal water without permission \r\n57. Village irrigation schedules \r\n58. Cutting off of permitted canal water supply on irrigator’s request or long \r\ndisuse \r\n59. Permitted canal water supply not to be interrupted or reduced except on \r\ngiven grounds \r\n60. Abatement of rent on interruption or reduction of canal water \r\n61. Power to regulate sowing, planting or growing of crops etc. in the \r\ninterest of conservation and productivity of canal water \r\nPART VIII \r\nOF DRAINAGE \r\n62. No discharge to be permitted in a drain without permission \r\n63. Rate on lands benefited by a drain \r\n64. Construction of a field drain by an owner etc. \r\n65. Prohibition on use of land of a field drain for any other purpose and of \r\ndemolishing, altering or interfering with it \r\nPART IX \r\nSAFETY OF DAMS AND OTHER WORKS \r\n66. Irrigation works safety evaluation unit \r\n67. Listed dams etc. and their registration with the unit \r\n68. Vulnerability and hazard classification \r\n69. Certain certifications by construction engineer required \r\n70. Safety surveillance and inspections by Canal Officer in-charge and \r\nowner \r\n71. Duty to maintain technical documents and logbooks \r\n72. Duty to put in place an emergency action plan \r\n73. Duty of Canal Officers in -charge and owners of dams etc. towards \r\ninstructions passed by the unit \r\n74. Abandoned listed dams and other works \r\nPART X \r\nRIVERS, EMBANKMENT WORKS AND FLOOD CONTROL \r\n75. River ledgers \r\n76. Undue interference with and use of river water prohibited \r\n77. Power to remove undue interference with or use of river water \r\n78. Power to dredge, deepen or widen etc. a river \r\n79. Prohibition on discharge of noxious matter in rivers \r\n80. River improvement plans \r\n81. Designation of a reach of river etc. as Conservation Zone \r\n82. Management of Conservation Zones \r\n83. Execution of public embankment works \r\n84. Execution of new private embankment works \r\n85. Pathways, hedges etc. on embankments to vest in Government \r\n86. Roads, water courses and sluices passing over, through or under an \r\nembankment \r\n87. Structural safety standards for embankments \r\n88. Alignment etc. of an embankment to be fixed after study \r\n89. Maintenance of embankments \r\n90. Regulations for operation of dams, weirs, sluices etc. \r\n91. Flood risk management strategy \r\n92. Flood protection plans \r\n93. Duty towards collaborative effort for flood protection \r\n94. Powers of the Deputy Commissioner to deal with floods \r\n95. Designation of a section of an embankment to be a fuse plug and its \r\noperation \r\n96. Flood forecasting and routing analysis \r\nPART XI \r\nOF GROUND WATER \r\n97. Ground water zones and their administration \r\n98. Measurement of ground water \r\n99. Duty of owners of wells to allow collection of samples \r\n100. Ground water improvement plans \r\n101. Execution of works to re-charge or otherwise improve ground water \r\n102. Unsafe discharge into ground water prohibited \r\n103. Officer in-charge of a zone and officers subordinate to him to exercise \r\npowers of Canal Officers \r\nPART XII \r\nOF NAVIGATION OF RIVERS AND CANALS \r\n104. Declaration of a river reach or canal to be a navigation line \r\n105. Appointment of Supervisors \r\n106. Liability of vessels to pay navigation charges \r\n107. Removal and detention etc. of vessels and goods \r\nPART XIII \r\nOF ENGINEERING ACADEMY \r\n108. Continuation of the Academy \r\n109. Board of Governors of the Academy \r\n110. Meetings and procedure of the Board of Governors \r\n111. General powers of the Board of Governors \r\n112. The Board Fund and its sources \r\n113. Application of the Board Fund \r\n114. Accounts keeping and audit of fund \r\n115. Superintendence of the Board of Governors \r\n116. Chairperson, non -official members and Principal etc. to be public \r\nservants \r\nPART XIV \r\nOF IRRIGATION RESEARCH \r\n117. Continuation of the Irrigation Research Institute \r\n118. The Irrigation Research Fund and its sources \r\n119. Board for administration of Irrigation Research Fund \r\n120. Meetings and procedure of the Research Board \r\n121. General powers of the Research Board \r\n122. Application of the Board Fund \r\n123. Accounts keeping and audit of the Research Fund \r\n124. Superintendence of the Research Board \r\n125. Chairperson and non-official members etc. to be public servants \r\nPART XV \r\nOF CANAL PATROLS \r\n126. Constitution of Canal Patrols \r\n127. Certificates required to exercise powers \r\n128. Superintendence and administration of Canal Patrols \r\n129. Power to arrest without warrant \r\n130. Power to stop and search without warrant \r\n131. Procedure to be followed after arrest \r\n132. Power to register information on offences \r\n133. Investigation of offences \r\n134. Provisions of the Code to apply on arrests etc. under this Act \r\n135. Conferment of additional powers of a police officer upon Canal Patrols \r\nPART XVI \r\nOF FINANCIALS AND PROPERTIES \r\n136. Rate for the use of canal and percolated water \r\n137. Rate on lands benefiting from a reclamation work \r\n138. Charges for discharging matter into a drain \r\n139. Assessment of annual rates and charges \r\n140. Special charges to apply on unauthorized use of water and unauthorized \r\ndischarge in drains \r\n141. Wastage charges for suffering the water to run to waste \r\n142. Contributions for betterment of irrigation works \r\n143. Transfer of certain lands benefiting from an irrigation work to be subject \r\nto payment of windfall charge \r\n144. Toll on lines of navigation and means of crossing rivers etc. \r\n145. Lease of certain properties \r\n146. Irrigation betterment fund \r\n147. Board for administration of irrigation betterment fund \r\n148. Meetings and procedure of the Board \r\n149. General powers of the Board \r\n150. Application of irrigation betterment fund \r\n151. Accounts keeping and audit of irrigation betterment fund \r\n152. Superintendence of the Board \r\n153. Chairperson and non-official members etc. to be public servants \r\n154. Suspension or remission of sums due in certain cases of hardship \r\n155. Penalty for late payments \r\n156. Payment of rates etc. and recovery of outstanding sums \r\n157. Power to contract out collection of rates etc. \r\nPART XVII \r\nOF TRANSPARENCY AND FAIR PLAY \r\n158. General rules of conduct of Canal Officers etc. \r\n159. Conflict of interest and related duties \r\n160. Register of interests \r\n161. Code of Conduct for officers and other persons \r\nPART XVIII \r\nOF OFFENCES AND PUNISHMENTS \r\n162. Punishment for interfering with or causing minor damage to an irrigation \r\nwork \r\n163. Punishment for endangering the safety of an irrigation work \r\n164. Punishment for endangering safety of a dam or embankment \r\n165. Punishment for polluting or fouling water \r\n166. Punishment for unauthorized use, or interfering with any authorized use \r\nof water \r\n167. Punishment for constructing a private canal or a private drain without \r\nprior permission \r\n168. Punishment for failure to provide assistanc e or to comply with lawful \r\ninstructions of a Canal Officer \r\n169. Punishment for failure to comply with instruction of the unit to \r\nundertake a work for safety of a listed dam or embankment \r\n170. Punishment for obstructing or threatening a Canal Officer or other \r\nofficer in the exercise of his powers or performance of his duties \r\n171. Punishment for violation of any other provision of this Act or rules \r\n172. Canal Officer or other person employed on canal may take offenders and \r\nmachines and apparatus into custody \r\n173. Dealing with seized machines etc. \r\n174. Punishment for abetting or attempting to commit an offence \r\n175. Cognizance of offences, bails and proceedings etc. \r\n176. Compounding of offences \r\n177. Compensation to persons injured by an offence and payment of awards \r\nto informants \r\n178. Of offences by bodies corporates \r\n179. Saving of prosecution under any other law and recover y of certain sums \r\nand charges \r\nPART XIX \r\nOF APPEALS AND REVISIONS \r\n180. Appeal against certain orders of Canal Officers \r\n181. Review Board and its constitution \r\n182. Sittings and decisions of the Review Board \r\n183. Making of revisions and related authority of the Review Board \r\n184. Correction of clerical and arithmetical errors \r\n185. Examination of record of decisions etc. by Secretary \r\nPART XX \r\nMISCELLANEOUS PROVISIONS \r\n186. Summoning of witnesses and documents etc. \r\n187. Notices how served \r\n188. Service of notice when a person cannot be served in ordinary manner \r\n189. Exclusion of jurisdiction of civil courts in matters within the jurisdiction \r\nof Canal Officers \r\n190. Special procedure for acquisition of lands \r\n191. Local police and other authorities to assist Canal Officers \r\n192. Certain works of urgent nature may be executed without recourse to \r\nordinary procurement procedures \r\n193. Requisition of labour for carrying out urgent works \r\n194. Power to take into possession and use materials in relation to works of \r\nurgent nature  \r\n195. Payments for urgently executed works to be a sum due \r\n196. Duty to assist Canal Officers when called upon to do so \r\n197. Permits required to carry out works on or to use right of way of rivers, \r\ncanals and drains etc. \r\n198. Custody of works carried out without permit or otherwise abandoned \r\n199. Dealing with damages to irrigation works \r\n200. Delegation of power and duties \r\n201. Canal Calendar and related duties \r\n202. Power to make rules \r\n203. Power to issue Standing Instructions \r\n204. Indemnity for acts done in good faith \r\n205. Repeals and savings \r\n206. Act to override other laws \r\n207. Removal of difficulties  \r\nTEXT \r\n1\r\nTHE PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT 2023 \r\n(XIV of 2023) \r\n    [17 February 2023] \r\nAn \r\nAct \r\nto make provisions for management and control of irrigation, drainage \r\nand rivers in the Punjab. \r\nIt is necessary to provide for better and sustainable irrigation, drainage, and control \r\nand management of rivers, streams, lakes, ground water and navigation in the \r\nPunjab, and the matters ancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\nPART I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.− (1) This Act may be  cited as the \r\nPunjab Irrigation, Drainage and Rivers Act 2023. \r\n(2) This Act extends to whole of the Punjab.  \r\n(3) This Act shall come into force at once. \r\n2. Definitions.− In this Act: \r\n(a) “Annual Closure” of a canal means the period during which it remains \r\nclosed in relation to its annual repair, renewing and maintenance in \r\naccordance with a schedule approved by the Secretary;  \r\n(b) “Canal Collector”  means an officer from a class of officers appointed \r\nunder thi s Act for the assessment and collection of any rate, charge, \r\ncontribution, penalty or any other sum under this Act and such other \r\nduties as may be assigned to him under the rules or a relevant \r\nStanding Instruction;  \r\n(c) “Canal Division” means a Canal Division constituted in terms of section \r\n7; \r\n(d) “Canal Sub-Division” means a part of the Canal Division constituted in \r\nterms of section 7; \r\n(e) “Canal Officer”  means a Canal Officer of any class referred to at \r\nsection 9; \r\n(f) “canal” means a waterway and the appertaining structures to convey \r\nwater for the purposes of this Act and includes an inundation canal, link \r\ncanal, branch canal, distributary or minor but does not include a \r\nwatercourse; \r\n(g) “Chief Engineer” means a Canal Officer in-charge of a Region; \r\n(h) “Chief Minister” means the Chief Minister of the Punjab; \r\n \r\n1This Act was passed by Provinci al Assembly of the Punjab on 9 January 2023; and was assented to by Governor of the Punjab on  \r\n23 January 2023; and was published in the Punjab Gazette (Extraordinary), dated: 17 February 2023, pp. 3897-3955. \r\n(i) “Collector” means a District Collector within the meanings of section 7 \r\nof the Punjab Land Revenue Act, 1967 (Act XVII of 1967); \r\n(j) “crop season”  means the Kharif season beginning on fifteenth day of \r\nthe m onth of April and on or around fifteenth day of the month of \r\nOctober and the Rabi season beginning on fifteenth day of the month of \r\nOctober and ending on fifteenth day of the month of June each year; \r\n(k) “dam” means a man -made barrier and the appertaining stru ctures \r\nerected for the purpose of holding back water to form a reservoir; \r\n(l) “Department” means the Irrigation Department; \r\n(m) “Deputy Commissioner”  means the Deputy Commissioner within the \r\nmeanings of the Punjab Civil Administration Act, 2017 (III of 2017); \r\n(n) “Divisional Canal Officer” means a Canal Officer in -charge of a Canal \r\nDivision; \r\n(o) “drain” means a water way or other work to remove or abstract and \r\ncarry storm water or excessive sub -surface water from an area for the \r\npurpose of this Act and includes its appertaining structures and outfall; \r\n(p) “embankment” means a wall, bank or other structure to prevent flooding \r\nof an area, or erosion of river banks, or to train and guide the river flow \r\nin a desired manner; \r\n(q) “Government” means Government of the Punjab; \r\n(r) “Institute” means the previously established Irrigation Research \r\nInstitute continued under section 117; \r\n(s) “irrigation area” means the area irrigated by a canal or as the case may \r\nbe an outlet of a canal; \r\n(t) “irrigation work” means any work, building, installation, facility or other \r\nstructure raised or executed, or a machine, appliance, contrivance or \r\nother apparatus installed for the purpose of this Act and includes a \r\ndam, headwork, weir, sluice, canal, watercourse, drain, outfal l, \r\nembankment, groin, river training work, sluice, head regulator, cross \r\nregulator, bridge, weir, trench, pipe, bank, appliance, plant, tool, and \r\nany office or other building and their appertaining structures and similar \r\nother works; \r\n(u) “KhalPanchayat” means a Khal Panchayat established under the \r\nPunjab Khal Panchayat Act, 2019 (XXV of 2019); \r\n(v) “lake” includes a lagoon, swamp, or any other natural accumulation of \r\nwater but does not include a dam; \r\n(w) “Lambardar” means a Lambardar  within the meanings of the Punjab \r\nLand Revenue Act, 1967 (XVII of 1967); \r\n(x) “listed dam” means a dam requiring a higher level of safety surveillance \r\nand registration with the unit under section 67; \r\n(y) “listed embankment” means an embankment requiring a higher l evel of \r\nsafety surveillance and registration with the unit under section 67; \r\n(z) “listed irrigation work” means an irrigation work requiring a higher level \r\nof safety surveillance and registration with the unit under section 67; \r\n(aa) “Minister” means the Minister in-charge of the Department; \r\n(bb) “outlet” means a structure to allow a measured water to flow out of a \r\ncanal; \r\n(cc) “Patrol Officer” means an officer or staff of the Canal Patrol assigned \r\none or more duties mentioned at section 126 but does not include staff \r\nengaged in auxiliary duties such as ministerial staff; \r\n(dd) “prescribed” means prescribed by the rules; \r\n(ee) “private canal” means a canal approved under section 24; \r\n(ff) “Region” means an irrigation Region constituted under section 7; \r\n(gg) “revenue estate”  means an estate within the meanings of the Punjab \r\nLand Revenue Act, 1967 (XVII of 1967); \r\n(hh) “river” includes a stream, nullah, hill torrent and any other natural \r\ndrainage; \r\n(ii) “rules” meansthe rules made under this Act; \r\n(jj) “Secretary” means the Secretary  to the Government,  Irrigation \r\nDepartment; \r\n(kk) “Standing Instruction” means a Standing Instruction issued under \r\nsection 203; \r\n(ll) “Sub-Divisional Canal Officer”  means a Canal Officer and in -charge of \r\na Canal Sub-Division; \r\n(mm) “Superintending Canal Officer”  means a Canal Officer in -charge of a \r\nCanal Circle; \r\n(nn) “survey number” of a land means the survey number of a field or parcel \r\nof land assigned under the Settlement Manual  of Board of Revenue \r\nPunjab; \r\n(oo) “unit” for the purpose of Part VIII means the unit established under \r\nsection 66 and for the purpose of Part IX the unit established under \r\nsection 96;  \r\n(pp) “village irrigation plan” means a plan within the meanings of section 35; \r\n(qq) “village irrigation schedule ” means a schedule of turns of irrigators for \r\nobtaining water from a canal within the meanings of section 57;  \r\n(rr) “water allowance”  of a canal means the volume of water in cusecs \r\nsanctioned for irrigation of one thousand acres of irrigation area of that \r\ncanal; \r\n(ss) “water course” means any channel which is supplied with water from a \r\ncanal for its application by an irrigator and includes all appertaining \r\nworks except the outlet from which such water is supplied; \r\n(tt) “zone” for the purpose of Part X means a zone for the administration o f \r\nground water in the Punjab constituted under section 97. \r\nPART II \r\nOWNERSHIP AND CONTROL OF WATER \r\n3. All natural water to vest in the Government .− (1) Subject to the provisions \r\nof any arrangements made by  the Government  in relation to riparian rights in the \r\nIndus Basin, all rights in the water flowing in a river, canal or drain, or the water held \r\nin a lake, dam or any other accumulation of water, or the water received by way of \r\npercolation, regeneration or release as wel l as in the ground water in the Punjab \r\nshall vest in the Government.  \r\n(2) No rights  in any water of a river or lake as well as in ground water \r\nbeing supplied or likely to be supplied for a canal, drain or other irrigation work s hall \r\nbe acquired,  claimed or continued against the Government under the Easements \r\nAct, 1882 (V of 1882) or under any other law that is for the time being in force. \r\n4. Certain rights of riparian owners protected .− (1) Notwithstanding the \r\nprovisions of section 3, the owner or occupier of a land through or contiguous to \r\nwhich runs any river, canal or drain, or contiguous to which or partly within which, is \r\nsituated any lake or dam, shall have the right to take, free of ch arge, water from that \r\nriver, canal, drain, lake or dam for one or more of the following purposes, namely: \r\n(a) domestic and ordinary use; \r\n(b) consumption of cattle or other stock not being the cattle or other stock \r\nraised at a scale which is prohibited under the relevant Standing \r\nInstruction; and \r\n(c) fire fighting. \r\n(2) Nothing in this section shall confer any right to the owner or occupier to \r\ninstall any machine, appliance, contrivance or apparatus, or to carry out any work, or \r\nto do any other thing that causes obstru ction of or interference in the river, lake, \r\ndam, canal or drain, or its bed, without permission under section 197. \r\n5. Rights to water accessed by public road etc .− (1) Notwithstanding the \r\nprovisions of section 3, any person may take, free of charge, water from any river, \r\ndam, lake, canal or drain to which there is an access by a public road at the point at \r\nwhich the water is taken, for: \r\n(a) domestic and ordinary use; \r\n(b) for consumption of cattle or other stock other than the cattle stock \r\nbeing raised at a sc ale which is prohibited under the relevant Standing \r\nInstruction; and \r\n(c) firefighting. \r\n(2) Nothing in this section shall confer any right to a person to install any \r\nmachine, appliance, contrivance or apparatus, or to carry out any work, or to do any \r\nother thing that causes obstruction of or interference to the river, dam, lake, canal or \r\ndrain, or its bed, without having first obtained a permission under section 197. \r\n6. Certain abstraction rights to ground water sources protected .− (1) \r\nNotwithstanding the provi sions of section 3, an owner or occupier of a land may \r\ncontinue to abstract ground water free of charge, if he had been making such \r\nabstraction at the commencement of this Act for one or more of the following \r\npurposes: \r\n(a) domestic and ordinary use; \r\n(b) consumption of cattle or other stock not being the cattle or other stock \r\nbeing raised at a scale which is prohibited under the relevant Standing \r\nInstruction; and \r\n(c) irrigation of not more than twelve acres of land owned or occupied by \r\nhim: \r\nProvided that, in view of the respective Canal Officer, such abstraction does \r\nnot diminish the rights of any other person or the amount of water previously \r\ncommitted towards any other purpose. \r\n(2) All abstractions under subsection (1) shall be subject to the provisions \r\nof the Punja b Water Act, 2019 (XXI of 2019) or any other law for the time being in \r\nforce. \r\n Illustration: Where A is abstracting, free of any charge, Z liters of water a day \r\nfrom an underground water source X for domestic and ordinary use at the \r\ncommencement of this Ac t, he may continue to abstract Z liters of water from X a \r\nday for domestic and ordinary use but not for any other purpose. \r\nPART III \r\nESTABLISHMENT \r\n7. Territorial units .− (1) On recommendation of the Secretary, the Chief \r\nMinister may, by notification in the official Gazette: \r\n(a) divide territories comprising the Punjab into suitable Regions; \r\n(b) a Region into two or more Canal Circles; \r\n(c) a Canal Circle into two or more Canal Divisions; and \r\n(d) a Canal Division into two or more Canal Sub-Divisions. \r\n(2) The Zones, Canal Circles, Divisio ns and Sub -Divisions existing at  the \r\ncommencement of this Act shall respectively be deemed to be the Regions, Canal \r\nCircles, Divisions and Sub-Divisions constituted and notified under this section. \r\n8. Functional units .− (1) On recommendation of the Secretary, the Chief \r\nMinister may, by notification in the offi cial Gazette, constitute one or more  units to \r\nprovide specialized services or  any other  services common to all or some of the \r\nterritorial units for the purpose of this Act.  \r\n(2) The functional units existing atthe commencement of this Act shall be \r\ndeemed to be the functional units constituted and notified under this section. \r\n9. Canal Officers and their charges .− (1) In addition to such other class as \r\nmay be specified by the Chief Minister from time to time, there shall be the following \r\nclasses of Canal Officers: \r\n(a) Chief Engineer;  \r\n(b) Superintending Canal Officer; \r\n(c) Divisional Canal Officer; and \r\n(d) Sub-Divisional Canal Officer. \r\n(2) Subject to the provisions of this Act, the rules and the Standing \r\nInstructions, a Chief Engineer shall be the in-charge of: \r\n(a) construction, maintenance,  repair, renewing and efficient and safe \r\noperations of all irrigation works situated in the Region under his \r\ncharge; \r\n(b) management, improvement and conservation of all rivers flowing \r\nthrough the Region under his charge; \r\n(c) measures necessary to avert risks associated with and to prevent and \r\ncontrol any public injury from riverine flooding in the Region under his \r\ncharge; and \r\n(d) any other matterancillary to the above. \r\n(3) A Chief Engineer shall  be the principal advisor to the Secretary on the \r\nmatters mentioned under subsection (2) or on which his advice is sought.   \r\n10. Appointment of Canal Officers and other officers .− All Canal Officers and \r\nother officers and staff entrusted with any duty or invested with any power under or \r\nin relation to this Act shall be appointed in the prescribed manner.  \r\n11. General duties and powers of Canal Officers .− (1) The general duti es of a \r\nCanal Officer shall be to: \r\n(a) make investigations, surveys and measurements and  do other similar \r\nworks for purposes of this Act;  \r\n(b) construct, maintain, repair and renew irrigation works; \r\n(c) supply canal water to the irrigators as per their authorized shares; and \r\n(d) carry out any other duty or to exercise any other power that may be \r\nassigned to or invested in him under this Act or by any authority to \r\nwhom he is sub-ordinate to. \r\n(2) For the purpose of this section, a Canal Officer may: \r\n(a) enter upon, and if so required take possession of and lift and use earth \r\nand other materials from any land which is contiguous to or through \r\nwhich a river, dam, lake, canal, drain, embankment or any other \r\nirrigation work passes or is situated upon, for the purpose of \r\nmaintaining, renewing, running and repairing that dam, canal, drain, \r\nembankment or other irrigation work and managing that river or lake; \r\n(b) enter upon any land mentioned under clause (a) and undertake any \r\nsurvey, inspection and investigation, or dig and bore into it, and setup \r\nand maintain suitable landmarks, level-marks and water gauges on it; \r\n(c) enter upon any land  mentioned under clause (a) and cut down and \r\nclear away any part of a building, fence, standing crop or a tree existing \r\nor grown on it, where, in his view, su ch maintenance, renewal, repair, \r\nproper running or management or, as the case may be, survey, \r\ninspection and investigation, or digging or boring, or setting up and \r\nmaintenance of a land mark, level -mark or water gauge cannot \r\notherwise be satisfactorily undertaken; \r\n(d) enter upon any land, watercourse, building, installation or other facility \r\nfor the purpose of inspecting, measuring or regulating the use of any \r\nwater supplied or used from a river, canal or drain, or abstracted from \r\nground, or of inspecting and m easuring the lands irrigated thereby or \r\nchargeable with any rate, charge, contribution, penalty or any other \r\nsum under this Act; \r\n(e) bring upon, make, maintain, or remove such weirs, trenches, drains, \r\noutfalls, sluices, pipes, banks, appliances, plants, tools,  or other things \r\nfrom a river, dam, lake, canal, drain, dam or other irrigation work as he \r\nconsiders fit; and \r\n(f) clean any river, dam, lake, canal, drain, watercourse and any other \r\nirrigation work and clear or remove from it or from its banks any \r\nvegetation or tree and any log, refuse, soil or any other obstruction that \r\nimpedes or is likely to impede natural flow of water in it, or otherwise \r\nimpacts its efficacy, safe running or structural integrity. \r\n(3) Save where in view of a Canal Officer it is necessary to immediately do \r\nso to prevent or deal with any breach or leakage of water from a canal, drain, \r\nembankment or other irrigation work, or to prevent or deal with any situation that \r\nrisks its safety or structural integrity, or unless it is so done , a sudden and extensive \r\npublic injury is likely to occur , or to detect and prevent any unauthorized supply or \r\nuse of water of a river, canal or drain, or abstraction of ground water or any work, \r\nundertaking or any other thing prohibited under this Act: \r\n(a) the power to enter upon any land and take into possession of and lift \r\nand use earth and other materials from it, shall not be exercised except \r\nwith the consent of the owner or occupier of such land, and where such \r\nconsent is not forthcoming, after giving the owner or occupier a notice \r\nof not less than seven days in writing of intention to enter and take into \r\npossession of and lift and use earth and other materials; \r\n(b) the power to enter upon any land, building, installation or facility to \r\nundertake any survey, in spection and investigation, or to maintain any \r\nlandmarks, level-marks and water gauges, or to  inspect, measure or \r\nregulate the use of canal water supplied, or to inspect and measure the \r\nlands irrigated by canal water shall not be exercised except with the  \r\nconsent of the owner or occupier of such land, building, installation or \r\nfacility, and where such consent is not forthcoming, after giving the \r\nowner or occupier a notice of not less than three days in writing of \r\nintention to enter; \r\n(c) the power to enter upon  any land, building, installation or facility to dig \r\nand bore into it, or to setup suitable landmarks, level -marks and water \r\ngauges shall not be exercised except with the consent of the owner or \r\noccupier of such land, building, installation or facility, an d where such \r\nconsent is not forthcoming, after giving the owner or occupier a notice \r\nof not less than fifteen days in writing of intention to enter; and \r\n(d) the power to enter upon to cut down and clear away any part or whole \r\nof a building, fence, standing cro p, or a tree shall not be exercised \r\nexcept with the consent of the owner of such building, fence, standing \r\ncrop or tree or where such owner fails to cut down and clear it away \r\nwithin twenty -eight days of the service of a notice upon him for this \r\npurpose. \r\n(4) The powers invested upon a Canal Officer under this section may also \r\nbe exercised by his agent or any other person, generally or specifically, authorized \r\nby him in this behalf. \r\n12. Compensation for damage to land etc.− (1) Any owner or occupier who has \r\nsuffered any damage due to entry or use of his land, or cutting down or clearing \r\naway of any part or whole of a building, fence, standing crop, or a tree under section \r\n11, may make a claim to the Collector for award of compensation which shall be \r\ndecided in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894). \r\n(2) No such claim shall be admitted after expiry of one year from the date \r\nof the entry or use of the land, or cutting down or clearing away of any part or whole \r\nof a building, fence, standing crop, or a tree complained of unless the Collector is \r\nsatisfied that the claimant had sufficient cause for not making the claim within such \r\nperiod. \r\n13. Sub-ordination of Canal Officers .− (1) All Canal Officers, other officers and \r\nstaff appointed under  this Act shall be subject to the superintendence and general \r\ncontrol of the Secretary. \r\n(2)  All Canal Officers appointed in a Region shall be subordinate to the \r\nChief Engineer in-charge of that Region. \r\n(3)  All Canal Officers appointed in a Canal Circle, Division and Sub -\r\nDivision shall respectively be subordinate to the Superintending Canal Officer in -\r\ncharge of that Circle, Divisional Canal Officer in -charge of that Division, and as the \r\ncase may be, Sub-Divisional Canal Officer in-charge of that Sub-Division. \r\n14. Manner of performance of duties by Canal Officers .− (1) Where any duty \r\nis to be performed or a power is to be exercised by a Canal Officer under this Act \r\nand the class of Canal Officer is not specified, the rules regulating the performance \r\nof such duty or exercise of such power shall specify the class of Canal Officers by \r\nwhich it is to be performed or exercised. \r\n(2) The rules may also be made under this Act prescribing generally the \r\nclass of Canal Officers which is to perform any duty or exerci se any power which, \r\nunder this Act, is to be performed or exercised by a Canal Officer. \r\n(3) Where the class of Canal Officers which is to perform any duty or \r\nexercise any power under this Act is not prescribed under subsection (1) or \r\nsubsection (2), such duty shall be performed and such power shall be exercised by \r\nthe officer specified in the relevant Standing Instruction. \r\n15. Conferment of duties and powers of a Canal Officer upon other officers \r\nand persons.− (1) The Government may assign all or any of t he duties of a Canal \r\nOfficer to and invest all or any of the powers of a Canal Officer under this Act upon \r\nany of its officers or any other person. \r\n(2) Subject to subsection (1), w here he considers it so expedient, the \r\nSecretary may assign all or any of th e duties of a Canal Officer to and invest all or \r\nany of the powers of a Canal Officer under this Act upon: \r\n(a) any officer other than a Canal Officer appointed under this Act; and  \r\n(b) any person appointed  in relation to the construction, maintenance, \r\nrepair, renewing and operations of a private canal, drain or \r\nembankment. \r\n(3) An officer or other person who has been assigned any duty or invested \r\nwith any power of a Canal Officer shall remain under the superintendence and \r\ngeneral control of the Secretary, and unless otherwise specified: \r\n(a) in case he is assigned any duty or invested with any power of a Chief \r\nEngineer, work under the instructions of the Chief Engineer in -charge \r\nof the respective Region; \r\n(b) in case he is assigned any duty or invested with any power of a \r\nSuperintending Canal Officer, work under the instructions of the \r\nSuperintending Canal Officer in-charge of the respective Circle; \r\n(c) in case he is assigned any duty or invested with any power of a \r\nDivisional Canal Officer,  work under the instructio ns of the Divisional \r\nCanal Officer in-charge of the respective Division; and \r\n(d) in case he is assigned any duty or invested with any power of a Sub -\r\nDivisional Canal Officer,  work under the instructions of the Sub -\r\nDivisional Canal Officer in-charge of the respective Sub-Division. \r\n(4) Any officer or other person assigned any duty or invested with any \r\npower of a Canal Officer under subsection (1) shall, in so far as the performance of \r\nsuch duty or exercise of such power, remain subject to the provisions of this Act. \r\n(5) Any other person assigned with any duty or invested with any power of \r\na Canal Officer under subsection (1) or, as the case may be, subsection (2) shall, in \r\nso far as the performance of such duty or exercise of such power, be deemed to be \r\na public servant within the meanings of section 21 of the Pakistan Penal Code 1860 \r\n(XLV of 1860). \r\nPART IV \r\nIRRIGATION AND RECLAMATION SCHEMES \r\n16. Powers to apply natural water for the purpose of a canal .− Subject to the \r\nprovisions of this Act, the following may, at any time, be applied to or used for the \r\npurpose of a canal: \r\n(a) any water flowing in a river, canal or drain, or the water that is held in \r\nany lake, dam, or any other accumulation of water; \r\n(b) any water received or which has become available by way of \r\npercolation, regeneration or release;  \r\n(c) any water abstracted from an underground water source; and \r\n(d) any water from any other source considered suitable by the \r\nGovernment. \r\n17. Power to provide drain and r eclaim an area .− Subject to the provisions of \r\nthis Act, where it is expedient to reclaim an area by providing a drain,it may be so \r\nreclaimed. \r\n18. Limits of compensation on account of application of water or \r\nreclamation of an area .− (1) Whenever water is applied to or used for the purpose \r\nof a canal under section 16 or an affected area is reclaimed under section 17, no \r\ncompensation shall be admissible for any damage that may be caused by: \r\n(a) stoppage or diminution of water for irrigation of a land, or any oth er \r\nundertaking including an irrigation work erected for profit; \r\n(b) stoppage or diminution of water flowing through any reach of a river or \r\nany other canal or drain, or stoppage or diminution of water that is \r\ngenerally available in an area by way of percolation or floods; \r\n(c) stoppage of navigation, or of means of drifting timber or other goods;  \r\n(d) deterioration of climate or soil; and \r\n(e) interruption of watering of cattle, or use of water for domestic or other \r\npurposes. \r\n(2) No claim for compensation on any other ground shall be admissible \r\nagainst the Government after expiry of ninety days from the date of application or \r\nuse of water for the purpose of a canal or completion of a drain or other irrigation \r\nwork. \r\n(3) Nothing in this section shall apply to a private canal and a private drain. \r\n19. Prohibition on construction of private canal s and reclamation works .− \r\n(1) No person, shall construct or maintain, repair, renew or run a private canal or a \r\nprivate drain, or profit from it in any manner, without obtaining the requisite \r\nconcessionunder section 24. \r\n(2) Where a person commences or proceeds with the construction of a \r\nprivate canal or a private drain without the requisite concession, or contrary to any \r\ncondition of such permission, the Superintending Canal Officer, or any other Canal \r\nOfficer authorized by the Secretary in this behalf, may after providing such person an \r\nopportunity of being heard, prohibit such construction. \r\n(3) Where a person has constructed a private canal or a private drain \r\nwithout the requisite concession, or contrary to any condition of such concession, the \r\nSuperintending Canal Officer, or any othe r Canal Officer authorized by the Secretary \r\nin this behalf, may after providing such person an opportunity of being heard, close  \r\nsuch private canal or private drain  and, as the case may be, shut off the supply of \r\nwater thereto, and may further, by general  proclamation, prohibit maintenance, \r\nrepair, renewing of the private canal or the private drain or  prohibit continuing the \r\nuse of its water by the said person and any other person. \r\n20. Preparation of provisional schemes .− (1) Where he considers it expedient \r\nto do so, the Secretary may: \r\n(a) cause an irrigation scheme to be prepared to apply any conveniently \r\navailable water to a canal in the most advantageous and economic \r\nmanner; and  \r\n(b) cause a reclamation scheme to be prepared to construct a drain to \r\nreclaim an area in the most advantageous and economic manner. \r\n(2) In so far as practicable, every provisional irrigation and reclamation \r\nscheme shall, among other things describe in general terms: \r\n(a) the lands which could conveniently and economically be irrigated or, as \r\nthe case may be, reclaimed by it; \r\n(b) the source of obtaining water therefor and volume of such water; \r\n(c) the works that are necessary for receiving, collecting, storing, \r\nconserving and distributing the water or reclamation of the lands \r\nreferred to at serial (a); \r\n(d) an estimate of capital cost as well as annual cost of maintaining the \r\nproposed works; and \r\n(e) an estimate of annual revenue which is likely to be derived from it. \r\n(3) Nothing contained in this section and sections 21, 22 and 23, shall \r\napply to a scheme for renewal, repair or extension of an existing canal or an existing \r\ndrain, or their associated canals or tributaries, or enhancement of their capacity. \r\n21. Publication of  provisional schemes .− (1) As soon as may be after the \r\npreparation of a provisional irrigation or reclamation scheme, the Secretary may, with \r\nthe permission of the Minister, cause to be published in an issue of a reputable daily \r\nnewspaper a notice specifying: \r\n(a) that the provisional scheme has been so prepared; \r\n(b) the lands which are likely to be irrigated or, as the case may be, \r\nreclaimed under the provisional scheme; \r\n(c) the name and address of a Canal Officer from whom copies of the \r\nprovisional scheme and related plan may be obtai ned on payment of a \r\nfee fixed by the Secretary by a day falling no earlier than fifteen days \r\nfrom the date of such publication; \r\n(d) that any objection to the provisional scheme may be made and the \r\nname and address of a Canal Officer to whom such objection may be \r\nmade by a day falling no earlier than thirty days from the last date for \r\nobtaining copies of the provisional schemes and related plans.  \r\n(2) The said fee shall be so fixed by the Secretary that a reasonable part \r\nof the expense made in relation to the preparation of provisional scheme, publication \r\nof notice and receipt and disposal of objection to it in terms of section 22 is \r\nrecovered through the sums so received.  \r\n22. Submission and disposal of objections to provisional scheme .− (1) Any \r\ninterested person may, by the date fixed under section 21, submit his objection to the \r\nprovisional scheme, giving facts and reasons he relies upon therefor, on one or more \r\nof the following grounds: \r\n(a) it is unnecessary or impracticable for any reason; \r\n(b) it is likely to be uneconomical; and \r\n(c) the volume of water proposed for the use under the scheme from a \r\nsource of supply is such that it may seriously prejudice his right to \r\nirrigation or other right from that source.   \r\n(2) Where he considers it so expedient, the Secretary may depute a Canal \r\nOfficer to hear an interested person making an objection, or to hold a public inquiry \r\non any matter of general importance or concern brought out in an objection. \r\n(3) The Canal Officer deputed for hearing an interested person or, as the \r\ncase may be, to hold a public inquiry shall, without any unnecessary delay, submit to \r\nthe Secretary a succinct report on his findings as to whether the objection is invalid \r\nor insufficient or shall, wholly or partly be accepted. \r\n23. Approval of provisional schemes .− (1) As soon as may be after expiry of \r\nthe date of submission of objections and, as the case may be, receipt of report from \r\nCanal Officer deputed for hearing objections or holding a public inquiry under section \r\n22, the Secretary may submit the provisional s cheme to the Government for \r\napproval citing his opinion on the objections received in this respect. \r\n(2) Where the  Government is satisfied that the implementation of any \r\nprovisional scheme is likely to be in the public interest, it may approve it with or \r\nwithout any modifications. \r\n24. Schemes for construction of private canals and drains .− (1) Any person \r\ndesiring to construct a private canal or a private drain, may prepare a provisional \r\nscheme and present it to the Secretary for obtaining a concession in this respect. \r\n(2) Where he considers it so expedient, the Secretary shall cause the \r\nprovisional scheme to be examined with reference to: \r\n(a) the impact it is likely to have on any existing or proposed canal, drain or \r\nother irrigation work or on the water of the river, lake or any other \r\naccumulation of water or the underground water identified as source of \r\nwater to be applied to or used for the proposed scheme; \r\n(b) the adequacy of the works proposed in relation to it; \r\n(c) the extent to which estimate of capital cost as we ll as annual cost of \r\nmaintaining the proposed works is appropriate; \r\n(d) the extent to which annual revenues proposed to be driven from it with \r\nrespect to the estimate of capital cost and annual cost of maintaining \r\nthe proposed works are appropriate; and \r\n(e) any other matter which he considers relevant. \r\n(3) After such examination, the Secretary may: \r\n(a) publish the provisional scheme and invite and dispose of any objection \r\nto it in terms of sections 21 and 22 in so far as may be; \r\n(b) require the person presenting it to improve, modify or amend it; or \r\n(c) reject the provisional scheme where he considers it to be seriously \r\ndeficient or against the public interest.  \r\n(4) Where, after having considered the objections if any, and, as the case \r\nmay be, report of the Canal Officer su bmitted to him, the Secretary considers that \r\nthe provisional scheme is fit for approval, he may lay it before the Cabinet. \r\n(5) Where the Government is satisfied that the provisional sche me is fit for \r\napproval, it may: \r\n(a) approve it with or without any modifications; \r\n(b) allow the Secretary to grant concession in this respect; and \r\n(c) fix the duration of concession and associated charges and any other \r\nterm or condition as is appropriate in the circumstances of the case. \r\nPART V \r\nOF CONSTRUCTION AND RUNNING OF  \r\nCANALS AND DRAINS  \r\n25. Powers of a Canal Officer to enter upon land and work on construction \r\nof a canal or drain.− (1) At any date after the approval of an irrigation or reclamation \r\nscheme under section 23, a Canal Officer, duly  empowered by the Secretary in this \r\nbehalf, may for the purpose of such scheme: \r\n(a) enter upon any land through which the canal or, as the case may be, \r\ndrain proposed under the scheme is likely to pass or the land which is \r\ncontiguous to it and exercise any gen eral power conferred upon a \r\nCanal Officer under section 11 in respect of such land; \r\n(b) work on a river, lake or any other accumulation of water identified as a \r\nsource for obtaining water for the proposed canal; and \r\n(c) do any other work or thing which, in his vie w, is necessary for such \r\npurpose. \r\n(2) The powers invested upon a Canal Officer under this section may also \r\nbe exercised by his agent and other person, generally or specifically, authorized by \r\nhim in this behalf.  \r\n (3) The provisions of this section shall also apply to the construction of a \r\nprivate canal or private drain in so far as may be, and the powers of a Canal Officer \r\nin this respect may be exercised by any person authorized by the Secretary in this \r\nbehalf. \r\n26. Responsibility to provide means of cr ossing etc. at canals and drains .− \r\n(1) In respect of every canal and drain constructed under a scheme referred to in \r\nsection 23, the Government, and in respect of every private canal and private drain \r\nconstructed under a scheme referred to in section 24, t he person proposing such \r\nscheme, shall construct and maintain all works necessary for: \r\n(a) the passage across any water course, public road, railway, pipe line or \r\nline of poles existing at the time of its construction; \r\n(b) affording communication across it for reasonable convenience of the \r\noccupants of neighbouring lands; and \r\n(c) drainage of adjacent lands being obstructed by such canal or drain. \r\n(2) No person shall provide or maintain a mean for the crossing a canal or \r\ndrain, or a mean for drainage of adjacent lands being obstructed by it, unless he has \r\nobtained a written permission from: \r\n(a) in case of a canal or drain constructed under a scheme referred to in \r\nsection 23, an authorized Canal Officer in terms of section 197; and \r\n(b) in case of a private canal or drain constructed under a scheme referred \r\nto in section 24, the person proposing such scheme. \r\n27. Removal of any obstruction to drainage.− (1) Where, in view of a Divisional \r\nCanal Officer, any injury to public health or convenienc e, or damage or loss to any \r\nirrigation work, or interruption of normal course of irrigation or drainage of any land \r\nunder his charge, has arisen or is likely to arise from the obstruction of any river, \r\ncanal, water course, drain or other accumulation of wa ter, he may through a written \r\norder: \r\n(a) prohibit the formation of any such obstruction; or  \r\n(b) require the person causing or having control over such obstruction to \r\nremove or modify it by a day fixed in such order. \r\n(2) If, by the fixed date, such person does not comply with the order  under \r\nsubsection (1), the Divisional Canal Officer may cause the obstruction to be removed \r\nor modified at his expense; and if the person to whom the order was issued does \r\nnot, when called upon, pay the expenses of such removal or modification in full, such \r\nexpenses shall be recovered from him as an arrear of land revenue.  \r\n28. Amount of water to be supplied to a canal and the shares of irrigators \r\ntherein.− (1) In so far as practicable, the amount of water supplied to a canal during \r\nany crop season shall not be less than that what is required to meet the needs of: \r\n(a) its irrigation area in view of the approved water allowance; and  \r\n(b) any other use referred to in section 49. \r\n(2) In case of its application for irrigation of lands, the share of an irrigator \r\nin the water of a canal shall be a function of the lands owned or occupied by him for \r\nwhich permission to use such water has been obtained in terms of section 53 and \r\nthe approved water allowance of that canal. \r\n(3) In case of its appli cation for any use other than the irrigation of lands, \r\nthe share of an irrigator in the water of a canal shall be such as fixed under section \r\n53 in view of: \r\n(a) the total allocation made available for that use in the canal under the \r\napproved irrigation scheme and if no such scheme exists, in any \r\nproject document or previous approval which reflects such allocation or \r\nany other evidence of such use as a matter of long practice; or \r\n(b) the total allocation for that use allowed in that canal under the Punjab \r\nWater Act, 2019 (XXI of 2019). \r\n(4) In so far as practicable, the share of each irrigator in the water of a \r\ncanal shall be delivered to him in full at such intervals as are approved for that canal \r\nfor the relevant crop season. \r\n(5) Where for any reason, it is impracticable to deliver full share to an \r\nirrigator during any period of a crop season, the shortages, during such period, shall \r\nbe, in so far as practicable, distributed among all irrigators of that canal equitably. \r\n29. Addition of new areas to irrigation area of a canal .− (1) No new area shall \r\nbe added to the existing irrigation area of a canal unless sufficient surplus water \r\nbecomes available in it or any other canal in the Punjab by: \r\n(a) cutting off of a part of supplies from a canal committed to the irrigation \r\nof any land or other use under section 58; \r\n(b) reduction in the approved water allowance of a canal by the \r\nGovernment to an extent that it does not significantly affect the rights of \r\nexisting irrigators; or \r\n(c) an increase in the volume of water being supplied to that canal. \r\n(2) The new area added to the existing irrigation area of a canal under this \r\nsection shall not exceed the area which can conveniently be irrigated by the water \r\nbecoming surplus in view of the approved or reduced water allowance of that canal. \r\n(3) Any surplus water shall be applied to various new areas in such order \r\nof priority and in such manner as may be fixed under the rules. \r\n30. Preparation of seasonal canal regulation plans.− (1) Sufficiently before the \r\ncommencement of every crop season, the Secretary shall cause to be prepared a \r\nplan for the distribution of water likely to become available from all sources during \r\ndifferent periods of that crop season among all canals in the Punjab having regards \r\nto their water requirement in terms of section 28.  \r\n(2) Where, for any reason, the water likely to become available, or having \r\nbecome available is insufficient to meet the requirement of all canals in the Punjab \r\nduring any period of a crop season, then the shortages, during such period, shall be, \r\nin so far as practicable distributed among all canals in the Punjab equitably. \r\n31. Quality of canal water etc. and prohibition to disch arge noxious \r\nmaterials therein .− (1) The quality of water in every canal and drain shall, at all \r\ntimes, meet the minimum standards fixed in this regard.  \r\n(2)  No person shall discharge any solid or liquid material in a canal or a \r\ndrain, which does not meet minimum standards for quality of water fixed for that \r\ncanal or, as the case may be, the drain at the point of such discharge. \r\n32. Minimum standards of irrigation and drainage services .− (1) The \r\nminimum standards for the provision of irrigation and drainage services in the Punjab \r\nshall be such as may be fixed under the rules. \r\n(2) It shall be the duty of every Canal  Officer not to let the quality of \r\nirrigation and drainage service fall below such minimum standards within the area \r\nunder his charge. \r\n(3) No later than six weeks of the culmination of every crop season, the \r\nSecretary shall cause a report as to the quality  of irrigation and drainage services \r\nprovided during that crop season against the said standards to be prepared and laid \r\nbefore the Minister. \r\n(4) The Secretary shall arrange for every such report to be available for \r\npublic inspection at his office during usual working hours at reasonable notice. \r\n33. Independent measurement of standard of service .− (1) The Government \r\nshall maintain an adequately resourced unit to undertake, among other things, the \r\nfollowing duties: \r\n(a) inspection of all canals and drains in the Punjab at regular intervals; \r\n(b) submission to the Secretary, at regular intervals, reports on general \r\ncondition of canal and drains in the Punjab, measurement of discharge \r\nat their various reaches, adequacy of irrigation supplies to various \r\nirrigation areas, and all incidents of unauthorized use of canal water \r\nand other related matters; and \r\n(c) independent measurement of quality of irrigation and drainage services \r\nagainst the standards referred to at section 32.  \r\n(2) The unit shall consist of a head and other offi cers and staff of such \r\ndescription and in such number as the Government may, from time to time, fix. \r\n(3) The head, officers and staff shall be appointed in such manner and \r\nperform such duties and exercise such powers as may be prescribed. \r\n(4) The head of t he unit may, for the purpose of subsection (1), make or \r\ncause to be made such investigations and gather or cause to be gathered such \r\ninformation and statistics as he considers to be necessary. \r\n (5) Every Canal Officer shall fully assist the unit in the dis charge of its \r\nduties under this Act. \r\nPART VI \r\nVILLAGE IRRIGATION PLANS  \r\nAND WATER COURSES \r\n34. Preparation and publication of draft village irrigation plans .− (1) In \r\nrespect of each outlet under his charge for which no plan has previously been \r\napproved, the Divisional Canal Officer shall, by a notice, invite all owners and \r\noccupiers of lands included in the irrigation area of that outlet, as well as other \r\nirrigators permitted to receive canal water from that outlet for a purpose other than \r\nirrigation of lands in terms of section 53, to prepare and submit before him by a day \r\nfalling no earlier than thirty days from the date of the notice, a draft plan for the \r\nconstruction of one or more water courses to carry canal water to the said lands and, \r\nas the case may be, to other places for the permitted use. \r\n(2) Every draft village irrigation plan shall: \r\n(a) be accompanied with a to the scale sketch of irrigation area of the \r\nrelated outlet indicating the length, alignment and layout of every \r\nproposed water course with the lands and other places, identified by \r\ntheir respective survey number, to be supplied from it; \r\n(b) identify owners or occupiers of the lands and other irrigators who  are \r\nlikely to benefit from every proposed water course; \r\n(c) provide an estimate of expenses likely to be incurred on the \r\nconstruction and subsequent maintenance of every proposed water \r\ncourse as well as a rough schedule of work indicating the period  of \r\ncompletion of such construction either jointly or severally; and \r\n(d) clearly explain the extent of liability of each owner or occupier of land \r\nand other irrigator towards the construction of every proposed water \r\ncourse. \r\n(3) Where no draft village irrigation plan is received by the fixed date, the \r\nDivisional Canal Officer shall, with the consensus of not less than one half of the \r\nowners or occupiers of lands included in the irrigation area of such outlet and other \r\nirrigators permitted to receive canal water from such outlet for a purpose other than \r\nirrigation of lands, prepare the draft plan himself. \r\n(4) As soon as may be after submission or preparation of the draft village \r\nirrigation plan, the Divisional Canal Officer shall: \r\n(a) cause it to be conspicuously displayed in a ll revenue estates in which \r\nthe irrigation area of the outlet falls as well as outside his office and \r\noffices of the respective Sub -Divisional Canal Officer and Collector ; \r\nand \r\n(b) through a notice invite objections by a day falling no earlier than fifteen \r\ndays from the date of such notice as to why it shall not be approved. \r\n35. Approval of village irrigation plans.− (1) Within thirty days following the last \r\nday fixed for the submission, the Di visional Canal Officer shall carefully consider \r\nevery objection as to its sufficiency and validity and approve the draft plan if he is \r\nsatisfied that: \r\n(a) the length, alignment and layout of the proposed water courses is such \r\nthat all lands included in the irrigation area of the outlet and such other \r\nplaces in respect of which supplies for a purpose other than irrigation of \r\nlands has been permitted from it u nder section 53 are likely to be \r\nsupplied with the canal water conveniently and adequately;  \r\n(b) no lands other than the lands comprising the irrigation area of the \r\noutlet and places are included in the draft plan; and \r\n(c) the estimate of expenses for the construc tion and maintenance of \r\nproposed water courses is not excessive. \r\n(2) In case, the Divisional Canal Officer is not satisfied, he may approve \r\nthe draft plan with such amendments as he considers expedient or reject it. \r\n(3) Where a draft plan is rejected, the Divisional Canal Officer shall \r\nproceed to invite submission of a fresh draft plan in terms of section 34. \r\n36. Notice to irrigators etc. to construct an approved water course .− As soon \r\nas may be following the approval of a village irrigation plan,  the Divisional Canal \r\nOfficer shall, through a notice, call upon the owners and occupiers of lands and other \r\nirrigators eligible to receive canal water from a water course approved under such \r\nplan to construct that water course at their own expense within the period specified \r\nin such notice. \r\n37. Construction of approved water course by irrigators .− (1) Following the \r\nnotice under section 36, any owner or occupier of land or other irrigator eligible to \r\nreceive canal water from a water course included in the appro ved village irrigation \r\nplan, may proceed with the construction of that water course with the agreement of \r\nthe owners of land required therefor. \r\n(2) Any such owner or occupier of land or other irrigator being unable to \r\nconstruct the water course under an ag reement with the owner of land required \r\ntherefor, may apply to the Divisional Canal Officer stating that: \r\n(a) he is ready to defray all expenses necessary for the acquisition of the \r\nland and construction of such water course; and \r\n(b) he desires the Divisional Canal Officer on his behalf and at his cost to \r\ndo all things necessary for constructing such water course. \r\n(3) Thereupon, the Divisional Canal Officer may require such owner, \r\noccupier or other irrigator to deposit such part of the e xpense as he considers \r\nnecessary, and after that deposit has been made, he shall forthwith proceed with \r\nacquisition of land which, in his opinion, is necessary to occupy for construction of \r\nsuch water course in terms of section 190. \r\n(4) Where a person applies to obtain part ownership of such water course, \r\nand his application is admitted by the Divisional Canal Officer, such person shall pay \r\nhis share in the construction of the water course and in the cost of acquiring land for \r\nit, and shall become an owner of such water course when constructed. \r\n(5) On being put into possession of the required land, the Divisional Canal \r\nOfficer shall forthwith proceed with the construction of the water course and on its \r\ncompletion give to every owner of the water course, a notice: \r\n(a) of such completion; and  \r\n(b) of any sum payable by him on account of construction of the water \r\ncourse and the cost of acquiring land for it by a day falling no earlier \r\nthan thirty days from the date of such notice. \r\n(6) On such notice being giv en, the sum mentioned therein shall become \r\ndue from the owner to the Divisional Canal Officer and shall be paid in full by the \r\nfixed date. \r\n(7) The Divisional Canal Officer shall forthwith pass over the possession of \r\nwater course to every owner making payment of all expenses incurred in full. \r\n(8) Any sum which is payable by an owner to the Divisional Canal Officer \r\nbut is not paid in full by the fixed date, shall be recovered from him as an arrear of \r\nland revenue. \r\n38. Construction of approved water course on failure of irrigators to do so.− \r\n(1) Where no owner or occupier of land or other irrigator eligible to receive canal \r\nwater from a water course included in an approved village irrigation plan proceeds \r\nwith the construction of that water course within the pe riod specified in the notice \r\nmade under section 36, the Divisional Canal Officer may, with the permission of the \r\nSuperintending Canal Officer, cause that water course to be constructed on their \r\nbehalf and at their expense. \r\n(2) All cost of constructing the water course and acquiring any land \r\ntherefor shall be recoverable from: \r\n(a) every owner and occupier of land in proportion to the land owned or, as \r\nthe case may be, occupied by him which is likely to receive canal water \r\nfrom that water course, and  \r\n(b) every other irrigator in proportion to the share of canal water likely to be \r\nreceived by him from that water course.    \r\n(3) As soon as may be after the completion of the water course, the \r\nDivisional Canal Officer shall give to every such owner or occupier of land and other \r\nirrigator a notice: \r\n(a) of such completion; and  \r\n(b) of any sum payable b y him on account of construction of the water \r\ncourse and the cost of acquiring land for it in lump sum or in \r\ninstalments by a fixed date. \r\n(4) On such notice being given, the sum mentioned therein shall become \r\ndue from every owner or occupier of land and ot her irrigator to the Divisional Canal \r\nOfficer and shall be paid in full by such date as may be mentioned in the notice. \r\n(5) On receipt of payment in full of all expenses incurred, the Divisional \r\nCanal Officer shall make over the possession of the water cou rse to the owner or \r\noccupiers of land and other irrigators. \r\n(6) Any sum which is payable by an owner or occupier of land or other \r\nirrigator to the Divisional Canal Officer but is not paid in full by the specified date, \r\nshall be recovered from him as an arrear of land revenue. \r\n39. Construction of a new or alteration of an existing water course .− (1) Any \r\nowner or occupier of land or other irrigator eligible to receive canal water may, at any \r\ntime, apply to the Divisional Canal Officer for permission to construct a water course, \r\nother than a water course included in an approved village irrigation plan,  or alteration \r\nof any existing water course in any manner. \r\n(2) Every such application shall: \r\n(a) be accompanied with a to the scale sketch of irrigation area of the \r\nrelated outlet indicating the length, alignment and layout of the \r\nproposed water course with lands, identified by their respective survey \r\nnumber, to be supplied from it; \r\n(b) identify owners or occupiers of lands and other irrigators who are likely \r\nto benefit from the proposed water course; \r\n(c) provide an estimate of expenses likely to be incurred on the \r\nconstruction and subsequent maintenance of the proposed water \r\ncourse as well as a rough schedule of work indicating the period within \r\nwhich the owners or occupiers of land and other irrigators will construct \r\nit either jointly or severally; and \r\n(d) clearly explain the extent of liability of each owner or occupier of land \r\nand other irrigator towards the construction of the proposed water \r\ncourse. \r\n(3) Where he considers it to be so expedient, the Divisional Canal Officer \r\nmay: \r\n(a) cause the application to be conspic uously displayed in all revenue \r\nestates in which the irrigation area of the outlet falls as well as outside \r\nhis office and offices of the respective Sub -Divisional Canal Officer and \r\nCollector; and \r\n(b) through a notice invite objections by a day falling no earl ier than fifteen \r\ndays from the date of such notice as to why it shall not be approved. \r\n(4) Within thirty days following the last date fixed of their submission, the \r\nDivisional Canal Officer shall carefully consider every objection as to its sufficiency \r\nand validity and may by a written order: \r\n(a) approve the application with or without any modification and \r\nincorporate the new or altered water course in the village irrigation \r\nplan; or \r\n(b) reject the application. \r\n(5) The provisions of section 37 and 38 shall apply, in so far as may be, for \r\nthe purpose of construction of a new water course under this section. \r\n(6) Where at any time, the Divisional Canal Officer himself considers that \r\nthe construction of a water course other than the water course included in an \r\napproved village irrigation plan or, alteration of any existing water course is \r\nexpedient in the interest o f better irrigation, he may proceed with the construction or \r\nalteration of such water course and other provisions of this section shall apply, in so \r\nfar as may be, for such purpose. \r\n40. Duty of persons accepting supply of water from a canal to allow use of \r\ntheir lands for construction of water course .− Every person who accepts the \r\nsupply of canal water under an approved or revised village irrigation plan shall allow, \r\nfree of any charge, the use of the land owned or occupied by him for the construction \r\nof water course as per the length, alignment and layout given in such village \r\nirrigation plan. \r\n41. Certain obligations of water course owners .− (1) Every owner of a water \r\ncourse shall: \r\n(a) maintain the water course in a fit state of repair;  \r\n(b) construct and maintain all work s necessary for the passage across \r\nsuch water course of canals, water courses, drainage channels and \r\npublic roads and railways existing at the time of it construction, and of \r\nthe drainage intercepted by it and for affording proper communication \r\nacross it for reasonable convenience of the occupants of neighbouring \r\nlands; and \r\n(c) allow the use of the water course to other owner or occupiers of land \r\nand other irrigators or to admit other persons as joint owners thereof, \r\non such conditions, as may be provided under section 43. \r\n(2) Where an owner of a water course fails to fulfil any such obligation, the \r\nSub-Divisional Canal Officer may, by a written notice, require him to show cause for \r\nsuch failure on a day falling no earlier than fifteen days from the date of such notice.  \r\n(3) If the owner of the water course ignores the said notice or h is reply to \r\nthe notice is, in the view of the Sub -Divisional Officer, invalid or insufficient, he may \r\nby a written order: \r\n(a) require him to carry out the necessary work or repair by a fixed date; \r\n(b) allow any owner or occupier of land and other irrigator to use the water \r\ncourse on conditions determined under section 43; or  \r\n(c) admit any other person as joint owner of the watercourse. \r\n(4) If the owner of the water course fails to carry out the necessary work or \r\nrepair to the satisfaction of the Sub -Divisional Canal Officer by the fixed date, he \r\nmay cause such work or repair to be carried out on behalf of the owner and all \r\nexpenses incurred by him shall be a sum due to him by the owner, and if he does \r\nnot, when called upon, make full payment, such expense shall be recovered from the \r\nowner as an arrear of land revenue.  \r\n42. Resignation of interests by an owner of water course and its transfer to \r\nany other person .− (1) Any owner of a water course may, by giving three months’ \r\nprevious notice in writing to the Divisional Canal Officer, resign his interests in such \r\nwater course. \r\n(2) Where on an application seeking transfer of the ownership of an \r\nexisting water course, it appears to the Divisional Canal Officer expedient that such \r\ntransfer shall be in the interest of better irrigation, he shall by a notice require the \r\nowner, or as the case may be, all owners of such water course to show cause on a \r\nday falling no earlier than fifteen days from the date of such notice as to why such \r\ntransfer shall not be made, and if no objection is received by such day, or the \r\nobjections received are invalid or insufficient, he may transfer it to the person making \r\nsaid application subject to such terms and conditions as he considers fit. \r\n(3) The person making the application shall not be allowed to use the said \r\nwater course unless: \r\n(a) he has paid to the owner, the compensation thereof in whatever shape \r\nit is determined through their mutual agreement; or \r\n(b) the possession of the water course has been acquired in terms of \r\nsection 190 or otherwise under the provisions of the Land Acquisition \r\nAct, 1894 (I of 1894). \r\n43. Arrangement with an owner of water course by oth er persons for supply \r\nof water .− (1) Any person desiring to obtain a supply of water through a water \r\ncourse of which he is not an owner, may make a private arrangement with the owner \r\nfor permitting the conveyance of water thereby, or may apply to the respective \r\nDivisional Canal Officer to us e such water course or to be declared a joint owner \r\nthereof.  \r\n(2) On receipt of any such application, the Divisional Canal Officer shall \r\nserve a notice upon the owner to show cause by a fixed date falling no earlier than \r\nfifteen days from the date of the n otice as to why such use or, as the case may be, \r\nsuch declaration should not be allowed or made. \r\n(3) If no such objection is received by the fixed date, or if any objection is \r\nreceived and is found to be insufficient or invalid, the Divisional Canal Office r shall \r\nallow such person to use the said water course or, as the case may be, declare him \r\na joint owner thereof on such conditions as to the payment of compensation or rent \r\nor otherwise as may appear to him equitable.  \r\n44. Payment of cost of construction of w ater course s etc .− (1) The cost of \r\nany land and of the construction of a water course in terms of sections 37, 38 or 39 \r\nshall be paid by each owner or occupier of land or other irrigator benefiting from it, \r\neither in full within such period, or in such ins talments as the Divisional Canal Officer \r\nmay fix under the relevant Standing  Instruction. \r\n(2) Where any owner or occupier of land or other irrigator has constructed \r\na water course at his own cost or made available any part of his land for its \r\nconstruction, the Divisional Canal Officer shall determine the value of the \r\nconstruction, or as the case may be, the value of the land made available, and the \r\nvalue so determined shall be deducted from the cost payable by such owner or \r\noccupier of land or other irrigator.  \r\n(3) Nothing in this section shall prevent the Government or any person not \r\nbeing the owner or occupier of the land or other irrigator benefitting from it, from \r\nbearing the cost of construction of a water course or the value of the land made \r\navailable for this purpose or both wholly or partly. \r\n45. Settlement of disputes as to mutual rights and obligations in a water \r\ncourse.− (1) Whenever a dispute arises between two or more persons with regards \r\nto their mutual rights or obligations in respect of t he use, construction or \r\nmaintenance of a water course, or as to their respective shares of the expense of \r\nconstructing or maintaining it, or as to the amounts severally contributed by them \r\ntowards such expense, or as to the failure on the part of any owner  to contribute his \r\nshare, a person interested in the matter of such dispute may apply in writing to the \r\nSub-Divisional Canal Officer. \r\n(2) The Sub -Divisional Canal Officer shall thereupon give notice to the \r\nother persons interested on a day to be named in s uch notice, that he will proceed to \r\ninquire into the said matter. \r\n(3) If all persons interested consent in writing to his being the arbitrator, \r\nthe Sub-Divisional Canal Officer may pass such order thereon as he thinks fit. \r\n(4) Failing such consent, the Sub -Divisional Canal Officer shall refer the \r\nmatter to the Divisional Canal Officer who shall inquire into and pass such order \r\nthereon as he thinks fit and equitable. \r\n(5) No order which adversely affects the interests of any person party to \r\nthe dispute shall be made unless such person is given a reasonable opportunity of \r\nbeing heard.  \r\n46. Prohibition on use of land of water courses for any other purpose and \r\ndemolishing, altering or interfering with a water course .− (1) No one shall put \r\nthe land acquired for the co nstruction of a water course or which has otherwise \r\nremained under a water course to any other use, or demolish, alter or interfere with a \r\nwater course except with the written permission of the Superintending Canal Officer. \r\n(2) On an application of any interested person, the Superintending Canal \r\nOfficer may, after having invited objections from owners or occupiers of land or other \r\nirrigators whose canal water supplies are likely to be interrupted or diminished \r\nthereby: \r\n(a) allow the land acquired for the construction of a water course or which \r\nhas otherwise remained under a water course to be put to any other \r\nuse; or \r\n(b) allow that a water course shall be demolished, altered or otherwise \r\ninterfered with by the persons so interested. \r\n(3) While passing the order , the Superintending Canal Officer shall fix a \r\ndate when such reuse of land, or demolition, alteration or interference with the water \r\ncourse shall take effect or commence, in such a manner that the owners or \r\noccupiers of land and other irrigators are left with sufficient time to obtain permission \r\nfor the construction of a new or alteration of an existing water course under section \r\n39 for continuing their supplies. \r\n47. Restoration of demolished or altered water  courses.− (1) Whenever a \r\nwater course is demolished, altered, obstructed or damaged without proper authority, \r\nany person affected thereby may apply to the Sub -Divisional Canal Officer for \r\ndirecting that it shall be immediately restored to its original condition. \r\n(2) On receiving such application, the Sub -Divisional Canal Officer may, \r\nafter making such inquiry as he deems fit, by a notice in writing require the person \r\nfound responsible for so demolishing, altering, obstructing or damaging the water \r\ncourse, to immediately restore it to its original condition, at his cost. \r\n(3) If that person fails to restore the water course to its original condition, \r\nthe Sub -Divisional Canal Officer may cause the water course to be restored to its \r\noriginal condition at his expense, and if he does not, when called upon, make fu ll \r\npayment, such expense shall be recovered from him as an arrear of land revenue. \r\n48. Ledger of water courses .− (1) Every Divisional Canal Officer shall maintain \r\na ledger of all water courses within the Canal Division under his charge, and note \r\nthereupon, in respect of every water course, among other things: \r\n(a) the outlet from which it receives water; \r\n(b) the name of its owners and their respective responsibilities in relation to \r\nsharing the cost of its construction and maintenance; \r\n(c) a succinct description of its length, alignment and layout; \r\n(d) lands irrigated by it and, as the case may be, identity of other irrigators \r\nreceiving canal water from it for purposes other than irrigation of lands; \r\n(e) a brief history of its performance; and \r\n(2) The ledger shall also contain a well -drawn to the scale sketch of every \r\nwater course indicating its length, alignment and layout with the l ands and other \r\nplaces, identified by their respective survey numbers, supplied from it superimposed \r\nupon irrigation area of the outlet from which it receives canal water. \r\n(3) Every Divisional Canal Officer shall arrange for the ledger to be \r\navailable for public inspection at his office during usual working hours at reasonable \r\nnotice. \r\nPART VII \r\nSUPPLY OF CANAL WATER \r\n49. Uses to which canal water may be applied .− (1) The canal water may be \r\napplied for one or more of the following uses: \r\n(a) irrigation of lands; \r\n(b) raising of orchards, trees and forest and other similar purposes; \r\n(c) drinking and other ordinary domestic purposes; \r\n(d) watering of cattle and other stock as well as wildl ife, and raising of fish \r\nincluding filling of ponds for this purpose; \r\n(e) industrial manufacturing or any other industrial process including the \r\nuse of the force of flowing water for any purpose; \r\n(f) maintenance or enhancement of ground water resources; and \r\n(g) protection or enhancement of environment, ecology and esthetics, and \r\ncreating opportunities for recreation and rejuvenation. \r\n(2) The supply of canal water shall be subject to the payment of such rates \r\nat such intervals as may be fixed from time to time und er section 136 or any other \r\nprovision of this Act. \r\n(3) In relation to the application of canal water, every person shall avoid \r\nundue wastage and, in so far as possible, abide by the instructions of a Canal Officer \r\npassed in the interest of conservation and enhancing the productivity of canal water. \r\n50. Canal water to be suppl ied through sanctioned outlets .− (1) The canal \r\nwater for all uses except that relating to the use of force of flowing water for any \r\npurpose shall be supplied through a sanctioned outlet. \r\n(2) The outlets shall be of such types and sizes and may be sanctioned by \r\nsuch class of Canal Officers and in  such manner and subject to such terms and \r\nconditions as may be specified in the relevant Standing Instruction. \r\n51. Outlets to generally supply canal water under gravity .− (1) The canal \r\nwater shall generally be supplied from an outlet under gravity. \r\n(2) Where, for any reason, it is not possible to supply water from a canal to \r\nany land included in its irrigation area under gravity, it may be supplied by lifting it to \r\nan appropriate level through mechanical or other means. \r\n(3) Where the land to which canal water cannot be supplied except by \r\nlifting is included in the irrigation area of a canal under section 29, all expenses in \r\nrelation to the provision, maintenance and operation of any mechanical or other \r\nmean for such lifting shall be borne by the benefiting irrigators severally or jointly. \r\n52. Ledger of outlets.− (1) Every Divisional Canal Officer shall maintain a ledger \r\nof all outlets within the Canal Division under his charge, and note thereupon, in \r\nrespect of every outlet, among other things: \r\n(a) its exact location on the respective canal, authorized type, basic \r\ndimensions including the level of its crest, and the discharge it is \r\nexpected to pass; and \r\n(b) a brief history of its performance during the last five years. \r\n(2) Every Divisional Canal Officer shall arra nge for the ledger to be \r\navailable for public inspection at his office during usual working hours at reasonable \r\nnotice. \r\n53. Prohibition to use canal water without permission and method of \r\nobtaining such permissions.− (1) No person shall receive or apply water of a canal \r\nexcept with the permission obtained under this section. \r\n(2) Any owner or occupier of a land who desires to receive and apply \r\nwater from a canal for irrigation of any land may, at any time, apply to the Divisional \r\nCanal Officer in writing, mentioning: \r\n(a) the name of the revenue estate or, as the case may be, the estates in \r\nwhich the said land is situated; \r\n(b) survey numbers of the said land; and \r\n(c) particulars of the outlet he prefers to draw water from. \r\n(3) The Divisional Canal Officer may, after making such inquiry as he \r\ndeems fit, allow an application wholly or partly, if the land for which water is required: \r\n(a) is included in the irrigation area of the respective canal; \r\n(b) is situated at such position and elevation with respect to the preferred \r\nor any  other outlet that it can conveniently and economically be \r\nsupplied canal water therefrom; \r\n(c) in its given state, is fit for agriculture. \r\n(4) Any person who desires to receive and apply water from a canal for \r\nany use other than that of irrigation of lands, sh all apply in writing to the Secretary, \r\nwho may, after making such inquiry as he deems fit, allow it wholly or partly: \r\n(a) if sufficient water out of the allocation made or allowed for such use in \r\nthe said canal in terms of section 28 is for the time being available; and \r\n(b) where no such water is available, the water available for irrigation of \r\nlands or any other use mentioned at section 49 is in such volume that \r\nits diversion to the use applied for is unlikely to significantly impact the \r\nrights of existing irrigators. \r\n (5) No person shall be permitted to obtain water from a canal in excess of \r\nhis share in that canal in terms of section 28. \r\n54. Prohibition on use of percolated water without permission and method \r\nof obtaining such permissions .− (1) No person shall obtain or apply any water \r\nwhich has become available by way of percolation or leakage from a river, canal, \r\ndrain or other irrigation work by means such as sinking of a well in its reasonable \r\nvicinity, except with the permission obtained under this section. \r\n(2) Any owner or occupier of a land who desires to obtain and apply \r\npercolated water for irrigation of any land may, at any time, apply to the Divisional \r\nCanal Officer in writing, mentioning: \r\n(a) the name of the revenue estate or, as the case  may be, the estates in \r\nwhich the said land is situated; \r\n(b) survey numbers of the said land; and \r\n(c) location from where he prefers to draw water from. \r\n(3) The Divisional Canal Officer may, after making such inquiry as he \r\ndeems fit, allow an application wholly or partly. \r\n(4) Any person who desires to obtain and apply percolated water for any \r\nuse other than that of irrigation of lands, shall apply to the Secretary in writing, who \r\nmay, after making such inquiry as he deems fit, allow it wholly or partly. \r\n55. Permission to use canal or percolated water to be transferable with land \r\netc.− Where canal water or percolated water is supplied to a land, building, \r\ninstallation or facility under a permission obtained in terms of section 53 or 54, such \r\npermission shall be transferable therewith and shall be presumed to have been \r\ntransferred whenever such land, building, installation or facility is transferred from the \r\nowner or occupier of the land or any other irrigator who had obtained said permission \r\nto any other person.  \r\n56. Prohibition on sale of canal water without permission.− No person eligible \r\nto the use of any work or land appertaining to any canal, and in the like manner, no \r\nperson permitted to obtain canal water shall sell or sub -let the canal wate r or \r\npercolat so obtained, or the right to obtain such water, to any other person except \r\nwith the written permission of the Superintending Canal Officer.  \r\n57. Village irrigation schedules .− (1) The turn in which an irrigator may obtain \r\nhis share of canal water  from an outlet, and the order, duration and rotation of such \r\nturn shall be such as may be determined by Khal Panchayats of that outlet, and in \r\ncase no such Khal Panchayat is, for the time being, in office for any reason, by the \r\nirrigators of such outlet amongst themselves. \r\n(2) On an application from an irrigator stating that village irrigation \r\nschedule for the outlet from which he has been permitted to obtain canal water has \r\nnot been prepared in terms of subsection (1), the Sub -Divisional Canal Officer shall \r\nforthwith prepare a draft schedule and: \r\n(a) cause it to be conspicuously displayed in all revenue estates in which \r\nthe irrigation area of the outlet falls as well as outside his office; and \r\n(b) through a notice invite o bjections by a day falling no earlier than fifteen \r\ndays from the date of such notice as to why it shall not be approved. \r\n(3) Where no objection is received by the fixed date, or the objections so \r\nreceived are, in view of the Sub -Divisional Canal Officer, i nsufficient or invalid, he \r\nmay approve the said schedule. \r\n(4) On an application from an irrigator stating that a dispute has arisen as \r\nto his turn under a village irrigation schedule or that the village irrigation schedule is \r\notherwise inequitable, the Sub-Divisional Canal Officer shall: \r\n(a) cause the application to be conspicuously displayed in all revenue \r\nestates in which the irrigation area of the outlet falls as well as outside \r\nhis office; and \r\n(b) through a notice invite objections by a day falling no earlier than seven \r\ndays from the date of such notice as to why it shall not be approved. \r\n(5) Where no objection is received by the fixed date, or the objections so \r\nreceived are, in view of the Sub -Divisional Canal Officer, insufficient or invalid, he \r\nmay allow the application, wholly or partly, and incorporate necessary changes in the \r\nvillage irrigation schedule accordingly.  \r\n58. Cutting off of permitted canal water supply on irrigator’s request or long \r\ndisuse.− (1) On a written application by an irrigator desiring to have a part or whole \r\nof his permitted canal water supply cut off, the Divisional Canal Officer, in case such \r\nsupply pertains to irrigation of lands, and in other cases the Secretary, may after \r\naffording him an opportunity of being heard cut off such supply. \r\n(2) Whenever, it appears to the Divisional Canal Officer that any land \r\nwhich receives canal water for irrigation has become permanently unfit for agriculture \r\nfor any reason, or it has been put to any other permanent use which does not require \r\ncanal water, he may:  \r\n(a) by a written notice, require the owner of the said land to show cause by \r\na fixed date falling no earlier than fifteen days from the date of the \r\nnotice as to why such supply shall not be cut off; and  \r\n(b) where no objection is received by the fixed date, or the  objection so \r\nreceived is insufficient or invalid, cut off such supply.  \r\n(3) In the like manner, whenever it appears to the Secretary that canal \r\nwater permitted for any use other than the irrigation of lands is not being put to that \r\nuse for a continued period of two years, he may: \r\n(a) by a notice in writing, ask the person who was permitted to receive \r\ncanal water for the said purpose to show cause by a fixed date falling \r\nno earlier than fifteen days from the date of the notice as to why such \r\nsupply shall not be cut off; and  \r\n(b) where no objection is received by the fixed date, or the objection so \r\nreceived is insufficient or invalid, cut off such supply. \r\n(4) Canal water supply cut off under this section shall not be restored \r\nexcept on a fresh application and in terms of section 53.  \r\n59. Permitted canal water supply not to be interrupted or reduced except on \r\ngiven grounds.- (1) The canal water supply permitted to an irrigator shall, in so far \r\nas practicable, not be interrupted, reduced or delayed, except whenever and for so \r\nlong as it is necessary to do so: \r\n(a) to allow carrying out of repairs and any other work on the canal or \r\nwater course by such supply is received under the instructions of an \r\nauthorized Canal Officer; \r\n(b) to prevent wasteful escape of water from the water course by which \r\nsuch supply is received if it is, in the view of the Sub -Divisional Canal \r\nOfficer, not maintai ned in a fit state of repair, or to prevent the water \r\nfrom running to waste for any other reason; \r\n(c) to supply in rotation the lawful shares of other irrigators; \r\n(d) to allow transfer of the share of the water course by which such supply \r\nis received or, as the ca se may be, the share of the irrigator from an \r\nexisting source of obtaining water to another such source; \r\n(e) to prevent misuse or unauthorized use of canal water; and \r\n(f) in order to stop or to reduce supplies for the purpose of conservation of \r\ncanal water. \r\n(2) Whenever canal water is supplied for the irrigation of a land for one or \r\nmore crops only, or it is supplied for any other permissible use for a specified period, \r\nthe permission shall be held to continue only until such crop or crops come to \r\nmaturity, or, as the case may be, the specified period comes to an end. \r\n(3) No claim for compensation shall lie against the Government in respect \r\nof any loss caused by the interruption or reduction of canal water, nevertheless any \r\nperson suffering such loss may claim a reasonable remission of water rate in terms \r\nof section 154.  \r\n(4) Further, no such remission shall be admitted after expiry of one year \r\nfrom the date of the interruption of reduction of canal water unless the Divisional \r\nCanal Officer is satisfied that the claimant had sufficient cause for not making the \r\nclaim within such period. \r\n60. Abatement of rent on interruption or reduction of canal water .− (1) Any \r\ntenant holding a land under any unexpired lease at the time of interruption or \r\nreduction of canal water for which a remission is allowed under section 154, may \r\nclaim an abatement of the rent previously payable by him for the said land, on the \r\nground that such interruption or reduction has reduced the value of the holding.      \r\n(2) If the supply of canal water is afterwards restored to the said land, the \r\nrent of the tenant may be enhanced, in respect of such land due to the restored \r\ncanal water supply, to an amount not exceeding that at which it stood immediately \r\nbefore the abatement.  \r\nExplanation.− Any enhancement under subsection (2) shall be on \r\naccount only of the restored supply, and not affect the liability of the tenant to \r\nenhancement of rates on any other ground. \r\n61. Power to regulate sowing, planting or growing of crops etc. in the \r\ninterest of conservation and productivity of canal water .− (1) Where the \r\nGovernment is satisfied that it is expedient to do so in the interest of better irrigation, \r\nimproved production and conservation of canal water, it may make a declaration as \r\nto: \r\n(a) the kind of crops that could be sown, planted, replanted or grown on \r\nthe lands constituting the irrigation area of a canal; \r\n(b) the time or periods during which such crops could be sown, planted, \r\nreplanted or grown; and \r\n(c) a limit as to the area of any of such crop beyond which it shall not be \r\nsown, planted, replanted or grown. \r\n(2) Every such declaration shall be published in the official gazette and \r\nbecome effective from such date as may be mentioned therein. \r\n(3) Whenever it comes to the knowledge of the Divisional Canal Officer \r\nthat a person is sowing or has sown, planted, replanted or grown a crop in \r\ncontravention of any provision of such declaration, he shall: \r\n(a) by a written notice, require such person to show cause by a day falling \r\nno earlier than seven days from the date of the notice as to why canal \r\nwater being obtained by him shall not be stopped; and  \r\n(b) where no objection is received by the fixed date, or the objection so \r\nreceived is insufficient or invalid, he may stop such supply and report \r\nthe matter to the Deputy Commissioner.  \r\n (4) The Deputy Commissioner may: \r\n(a) by a written notice, require such person to show cause by a day falling \r\nno earlier than seven days from the date of the notice as to why the \r\ncrop so sown, planted, replanted or grown shall not be removed and a \r\npenalty not exceeding five thousand rupees for  each acre of the crop \r\nso sown, planted, replanted or grown shall not be imposed upon him \r\nfor such contravention; and  \r\n(b) where no objection is received by the fixed date, or the objection so \r\nreceived is insufficient or invalid, he may remove or destroy such crop \r\nor impose the said penalty. \r\nPART VIII \r\nOF DRAINAGE \r\n62. No discharge to be permitted in a drain without permission .− (1) No \r\nperson shall discharge any matter in a drain without having first obtained a written \r\npermission from the Divisional Canal Officer. \r\n(2) All permissions under this section shall be subject to: \r\n(a) the provisions of section 31; and \r\n(b) payment of an annual rate by the said person in such sum and at such \r\nintervals as may be fixed from time to time under section 138. \r\n(3) Nothing in this section shall apply to any water received in the drain by \r\nway of percolation or rain run-off from a land served by it. \r\n63. Rate on lands benefited by a drain .− An annual rate from owners or \r\noccupiers of all lands benefited from a drain may be charged in such sum and at \r\nsuch intervals as may be fixed from time to time under section 137. \r\n64. Construction of a field drain by an owner etc.− (1) Any owner or occupier \r\nof land served by a drain or any other person permitted to discharge any matter in \r\nthat drain under section 62, may, at any time, write to the Divisional Canal Officer to \r\nseek his permission for constructing a field drain to connect his land, or as the case \r\nmay be, discharge the matter to that drain, at his expense. \r\n(2) The Divisional Canal Officer shall forthwith: \r\n(a) cause the application to be conspicuously displayed in the revenue \r\nestates through which the proposed field drain is like ly to pass as well \r\nas outside his office and the office of the respective Sub -Divisional \r\nCanal Officer; and \r\n(b) through a notice invite objections by a day falling no earlier than fifteen \r\ndays from the date of such notice as to why it shall not be approved. \r\n(3) Where no objection is received by the fixed date, or the objections so \r\nreceived are, in view of the Divisional Canal Officer, insufficient or invalid, he may \r\nallow the construction of the field drain, wholly or partly.  \r\n(4) The provisions of sections 3 7, 39 and 40 shall apply, in so far as may \r\nbe, for the purpose of construction of a field drain under this section. \r\n65. Prohibition on use of land of a field drain for any other purpose and of \r\ndemolishing, altering or interfering with it .− (1) No land acquired  for a field drain \r\nunder section 64 shall be used for any other purpose except under a written approval \r\nof the Superintending Canal Officer. \r\n(2) No field drain shall be demolished, altered or interfered with except \r\nwith the written permission of the Superintending Canal Officer. \r\nPART IX \r\nSAFETY OF DAMS AND OTHER WORKS \r\n66. Irrigation works safety evaluation unit.− (1) The Government shall maintain \r\nan adequately resourced unit to undertake, among other things, the following duties: \r\n(a) continued surveillance and inspections of listed dams, lakes, \r\nheadworks, weirs, embankments and other irrigation works in relation \r\nto their safety; \r\n(b) ensuring that necessary measures are promptly taken to prevent or \r\ncontrol any concern relating to the safety of listed  dams, lakes, \r\nheadworks, weirs, embankments and other irrigation works that are \r\nnoticed; \r\n(c) specifying standards, codes and guidelines for this purpose; and \r\n(d) providing assistance and training to the Canal Officers, owners of listed \r\ndams, embankments and other irrigation works and their employees, \r\nand other interested persons for the purpose of this Part. \r\n(2) The unit shall consist of a head and other officers and staff of such \r\ndescription and in such number as the Government may, from time to time, fix. \r\n(3) The head, officers and staff shall be appointed in such manner and \r\nperform such duties and exercise such powers as may be prescribed. \r\n(4) The head of the unit may, for the purpose of subsection (1), make or \r\ncause to be made such investigations and gather or cause to be gathered such \r\ninformation and statistics as he considers to be necessary. \r\n67. Listed dams etc. and their registration with the u nit.− (1) Through a \r\nStanding Instruction, the Secretary shall fix the criteria to distinguish the dams, \r\nembankments and other irrigation works that require a higher level of surveillance \r\nand safety measures to avoid any risk of sudden and extensive public injury, to be \r\nrespectively called the listed dams, embankments and other irrigation works. \r\n(2) Every Canal Officer in -charge and every owner of a listed dam, \r\nembankment and other irrigation work shall have it registered with the unit.  \r\n(3) The unit shall m aintain a register of all listed dams, embankments and \r\nother irrigation works in such detail and in such manner as may be specified under \r\nthe said Standing Instruction. \r\n68. Vulnerability and hazard classification .− The unit shall classify each \r\nregistered liste d dam, embankment and other irrigation work in accordance with \r\nvulnerability and hazard classification criteria specified under the relevant Standing \r\nInstructions. \r\n69. Certain certifications by construction engineer required .− (1) No listed \r\ndam, embankment or other irrigation work shall be constructed unless a qualified \r\ncivil engineer is employed to design it and supervise its construction. \r\n(2) As soon as the said engineer considers that the construction of a listed \r\ndam has reached a stage at which it can properly be filled wholly or partly with water, \r\nhe shall give a certificate specifying the level up to which, and manner and \r\nconditions in which it may be so filled safely. \r\n(3) A listed dam shall not be filled with water, otherwise than in accordance \r\nwith the said certificate. \r\n(4) As soon as the construction of a listed dam, embankment and irrigation \r\nwork is completed, the said engineer shall submit a certificate to the unit that it has \r\nbeen efficiently executed in accordance with drawings and description annexed to \r\nthe certificate,  and shall annex to the certificate detailed drawings and description \r\ngiving full information of the works actually constructed, including dimensions and \r\nlevels and details of the geological strata or deposits encountered in trial holes or \r\nexcavations made in connection with the works. \r\n70. Safety surveillance and inspections by Canal Officer in -charge and \r\nowner.− (1) Every Canal Officer in -charge and every owner of a listed dam, \r\nembankment and other irrigation work shall: \r\n(a) install and maintain such number and types of instruments as may be \r\nspecified by the unit for continued surveillance of the listed dam, \r\nembankment or other irrigation work and also to monitor its \r\nperformance; \r\n(b) collect, store, analyze and share information from the said instruments \r\nat such intervals and in such manner as may be required by the unit; \r\n(c) make no less than two inspections of the listed dam and embankment \r\neach calendar year, one sufficiently before the onset of the monsoon \r\nand the second after its recession, in such manner as may be re quired \r\nby the unit; \r\n(d) make a similar inspection during annual closure of the listed irrigation \r\nwork, and of the listed dam, embankment and other irrigation work \r\npromptly after every flood, seismic or other event likely to impact their \r\nsafety; and \r\n(e) make a comp rehensive inspection of the listed dam, embankment or \r\nother irrigation work promptly after every major modification to its \r\noriginal design, discovery of any unusual condition and otherwise at \r\nsuch intervals and in such manner as may be required by the unit. \r\n(2) Where as a result of the above, the need for any work to be undertaken \r\nor any other thing to be done for continued safety or maintaining required level of \r\nperformance of the listed dam, embankment or other irrigation work is identified, the \r\nCanal Off icer in -charge or the owner of that listed dam, embankment or other \r\nirrigation work shall promptly undertake that work or do that other thing.  \r\n71. Duty to maintain technical documents and logbooks .− (1) Every Canal \r\nOfficer in-charge and every owner of a listed dam, embankment and other irrigation \r\nwork shall maintain in such detail and in such manner as may be specified under the \r\nrelevant Standing Instruction: \r\n(a) technical documents concerning the watershed,  hydrology, foundation \r\nand structural engineering of the listed dam, embankment and other \r\nirrigation work and likely impact of its failure; and \r\n(b) a log book recording among other things as may be required by the \r\nhead of the unit, the levels, depth and flow o f water through or along \r\nsuch listed dam, embankment or other irrigation work, any leakages \r\nfrom it, or settlement of its walls or other appertaining works, all \r\nactivities concerning its surveillance, inspection, maintenance and \r\nrepair, and every important event impacting its safety and performance.  \r\n(2) The head of the unit shall: \r\n(a) cause every such Canal Officer and owner to submit the said record to \r\nhim at such interval and in such form as he deems it fit; and \r\n(b) cause the said record to be entered in a log book to be kept by the unit \r\nfor that listed dam, embankment or other irrigation work.  \r\n(3) Where the said record is not submitted in full despite service of two \r\nnotices after the date of its becoming due with an inte rval of not less than thirty days, \r\nthe head of the unit may: \r\n(a) in case it is not submitted by a Canal Officer in -charge, report the \r\nmatter to the Secretary; and \r\n(b) in all other cases, cause it to be prepared and submitted at the \r\nexpense of the owner and if he d oes not, when called upon, make full \r\npayment, such expenses shall be recovered from him as an arrear of \r\nland revenue.  \r\n72. Duty to put in place an emergency action plan.− (1) Every Canal Officer in-\r\ncharge and every owner of a listed dam, embankment and other irrigation work shall: \r\n(a) carry out a comprehensive assessment of the risks associated with the \r\nsafety of the listed dam, embankment or other irrigation work and the \r\ndamages likely to occur in the event its failure; \r\n(b) based on such assessment, prepare a plan to prevent such risks, and \r\napprehend and avert any public injury; and \r\n(c) update the assessment and plan at such intervals as may be required \r\nby the head of the unit. \r\n(2) The said plan shall, among other things as the head of the unit may \r\nrequire, include: \r\n(a) a mention of the events that are likely to result in the failure of the listed \r\ndam, embankment or other irrigation work;  \r\n(b) a succinct description of the areas, persons and properties likely to be \r\naffected in such an event; \r\n(c) inundation maps, warning procedures a nd measures to be followed for \r\nthe protection of areas, persons and properties where such failure \r\nbecomes imminent or actually takes place; and \r\n(d) the event or point in time when it shall be put into implementation. \r\n(3) Every Canal Officer in -charge and every  owner of a listed dam, \r\nembankment and other irrigation work shall:  \r\n(a) submit the said plan to the unit; and \r\n(b) arrange for the parts of the said plan pertaining to the areas referred to \r\nin subsection (2) to remain available for inspection by persons residing \r\nin the affected area at his office during usual working hours at \r\nreasonable notice. \r\n73. Duty of Canal Officers in -charge and owners of dams etc. towards \r\ninstructions passed by the unit .− (1) Every Canal Officer in -charge and every \r\nowner of a listed dam, embankment or other irrigation work shall, whenever called \r\nupon by the unit to provide any information or report, or to undertake any work or to \r\ndo any other thing in relation to its safet y, shall promptly provide such information or \r\nreport, or undertake that work and do that other thing. \r\n(2) Every Canal Officer in-charge and owner of a listed dam, embankment \r\nand other irrigation work shall maintain sufficient funds for the purpose of this \r\nsection. \r\n(3) Where upon being instructed under subsection (1), an owner of a listed \r\ndam, embankment or other irrigation work fails to undertake any work or do the other \r\nthing promptly and in view of the head of the unit, unless that work is undertaken or \r\nthat thing is done, a sudden and extensive public injury will occur, the unit shall \r\ncause that work to be undertaken or that thing to be done at the expense of the \r\nowner and if he does not, when called upon, make full payment, such expense shall \r\nbe recovered from him as an arrear of land revenue.  \r\n74. Abandoned listed dams and other works .− (1) No Canal Officer in -charge \r\nor owner shall abandon a listed dam, embankment or other irrigation work without \r\nhaving first submitted to the unit a certificate from a qualif ied civil engineer that all \r\nmeasures and works necessary in the interests of safety and to secure that it is \r\nincapable of posing any risk of public injury by filling up with water accidentally or \r\nnaturally or in any other manner have been efficiently undertaken or executed. \r\n (2) Where a listed dam, embankment or other irrigation work is abandoned \r\nin violation of the provisions of subsection (1) the unit shall: \r\n(a) in case it is under the charge of a Canal Officer, report the matter to the \r\nSecretary; and \r\n(b) in all other cases, cause the measures and works necessary for such \r\npurpose to be undertaken or executed at the expense of its owner and \r\nif he does not, when called upon, make full payment, such expense \r\nshall be recovered from him as an arrear of land revenue.  \r\nPART X \r\nRIVERS, EMBANKMENT WORKS AND FLOOD CONTROL \r\n75. River ledgers.− (1) Every Chief Engineer shall maintain a separate ledger of \r\nevery river flowing through the Region under his charge in such manner and in such \r\nform as may be specified in the relevant Standing Instruction. \r\n(2) Every river ledger shall, among other things, contain: \r\n(a) a log indicating the volume and physical and chemical characteristics \r\nof the water flowing in the river observed at appropriate intervals along \r\nthe entire length of the river during various periods of a calendar year; \r\n(b) a succinct description of prevailing river morphology and other \r\nconditions that are relevant to the proper and efficient management of \r\nthe river; \r\n(c) a detailed account of the existing uses of river water; \r\n(d) correct location of every dam, headwork, weir, sluice, bridge, \r\nembankment, and other irrigation work existing on the river along with \r\na succinct description of its basic specifications, performance history \r\nand any vulnerability likely to result in flooding or to impede proper and \r\nefficient management of the river; and \r\n(e) a detailed map of the above on an appropriate scale. \r\n(3) Every Chief Engineer shall arrange for the river ledger to be available \r\nfor public inspection at his office during usual working hours at reasonable notice. \r\n76. Undue interference with and use of river water prohibited .− (1) No one \r\nshall, without proper permission and authority, obstruct, interfere with or alter the \r\nnatural flow of a river or obtain, use or otherwise apply the water flowing in a river in \r\nany manner. \r\n(2) Any person interested in obt aining a permission for the purpose of \r\nsubsection (1) shall apply to a Canal Officer duly authorized in this behalf under the \r\nrelevant Standing Instruction. \r\n77. Power to remove undue interference with or use of river water .− (1) \r\nWhoever, undertakes or maintains any work, or installs, operates or maintains any \r\nmachine, appliance, contrivance or apparatus on, or excavates and removes earth, \r\nstone or other materials, or draws or extracts water from a river or its active flood \r\nplan or otherwise obstructs, interferes with or alters the natural flow of the river, or \r\nuses the lake of a dam without having first obtained a permission from the authorized \r\nCanal Officer under section 197, shall upon a notice by the Divisional Canal Officer, \r\nremove such work, machine, appliance, contrivance or apparatus, or promptly \r\ndiscontinue such excavation or removal, or drawing and abstraction of water or use \r\nof the lake and restore the river to its original condition at his cost within such period \r\nas may be specified in the notice.  \r\n(2) If that person neglects, fails in, or refuses to comply with the above \r\ndirection within the specified period, the Divisional Canal Officer may cause the \r\nwork, machine, appliance, contrivance or apparatus to be removed, the excavation \r\nor removal, drawing or extraction of water and use of the lake to be discontinued and \r\nthe river restored to its original condition at his expense and all sums incurred shall \r\nbe due by him to the Divisional Canal Officer and if he does not, when called upon, \r\nmake full payment, such expenses shall be recovered from him as an arrear of land \r\nrevenue.  \r\n78. Power to dredge, deepen or widen etc. a river .− Where he considers it so \r\nexpedient in the interest of proper and efficient management of a river, the D ivisional \r\nCanal Officer may: \r\n(a) dredge, deepen or widen it; and \r\n(b) remove from it, or its bed or banks, and dispose of weeds and other \r\ngrowth, driftwood, logs, trees, branches, sand, stone, gravel or other \r\nsimilar material.  \r\n79. Prohibition on discharge of noxious m atter in rivers.− (1) No person shall \r\ndischarge any solid or liquid matter in a river which does not meet minimum \r\nstandards for quality of water fixed for that river at the point of such discharge. \r\n(2) Whoever, undertakes or maintains any work or installs and operates \r\nany machine, appliance, contrivance or apparatus in a river or its active flood plan to \r\ndischarge such solid or liquid matter, shall upon a notice by the Divisional Canal \r\nOfficer, remove it and restore the river to its original condition at his cost within such \r\nperiod as may be specified in the notice.  \r\n(3) If that person neglects, or fails in, or refuses to remove such work, \r\nmachine, appliance, contrivance or apparatus and restore the river to its original \r\ncondition, or to otherwise stop such discharge within the specified period, the \r\nDivisional Canal Officer may cause it to be removed and the river to be so restored \r\nand the discharge to be stopped at his expense and all sums incurred shall be due \r\nby him to the Divisional Canal Officer and if he does not, when called upon, make full \r\npayment, such expenses shall be recovered from him as an arrear of land revenue.  \r\n80. River improvement plans .− (1) For every major river in the Punjab, the \r\nSecretary shall cause to be prepared a plan for its improvement, in relation to: \r\n(a) sustainable development of its water resources; and \r\n(b) reduction of the risks associated with flooding from it and droughts. \r\n(2) In so far as practicable, all works on a river shall be so executed as not \r\nto impair the objectives of the respective improvement plan. \r\n81. Designation of a reach of river etc. as Conservation Zo ne.− (1) Where he \r\nconsiders it expedient to do so, the Secretary may propose to the Minister that a \r\nparticular reach of a river, canal or drain or whole or a part of a lake, dam or \r\nheadwork may be designated as a Conservation Zone in relation to the preser vation \r\nand management of: \r\n(a) its general environment, eco -system, habitat, bio -diversity, natural \r\nresources and landscape; and \r\n(b) its historic, cultural, scenic and recreational value. \r\n(2) If the Minister so agrees, the Secretary shall cause to be published in \r\nan issue of a reputable daily newspaper a notice carrying.— \r\n(a) a succinct description of the reach of the river, canal or drain or the \r\nwhole or part of the lake, dam or headwork proposed for designation as \r\nConservation Zone; \r\n(b) the objectives of such proposed designation; \r\n(c) the proposed boundaries of the related Buffer Zone and the Strict \r\nConservation Zone; \r\n(d) the name and address of a Canal Officer from whom copies of the \r\nproposal may be obtained on payment of a fee fixed by him by a date \r\nfixed in the notice; and \r\n(e) that any objections to the proposal may be made by a day falling no \r\nearlier than fifteen days from the date of the notice, and the name and \r\naddress of the Canal Officer to whom such suggestions and objections \r\nmay be made. \r\n(3) Any interested person may, by the fixed date, submit his objection, \r\ngiving facts and reasons he relies upon therefor, on any of the following grounds: \r\n(a) that such designation is unnecessary or impracticable for any reason; \r\nor \r\n(b) it is likely to be uneconomical. \r\n(4) Where he considers it so expedient, the Secretary may depute a Canal \r\nOfficer to hear any person making such objection, or to hold a public inquiry on any \r\nmatter of general importance brought out in an objection. \r\n(5) The Canal Officer deputed for hearing an interested perso n or, as the \r\ncase may be, to hold a public inquiry shall submit to the Secretary a succinct report \r\non his findings as to whether the objection is invalid or insufficient or shall, wholly or \r\npartly be accepted. \r\n(6) As soon as may be after expiry of the date  of submission of objections \r\nand, as the case may be, receipt of said report from Canal Officer, the Secretary \r\nshall lay the proposal before the Cabinet for approval citing his opinion on objections \r\nreceived in this respect. \r\n(7) Where the Cabinet is satisfied that it is likely to be in the public interest, \r\nit may designate the reach of the river, canal or drain or whole or part of the lake, \r\ndam or headwork to be a Conservation Zone. \r\n(8) Such designation shall be published in the official gazette, giving: \r\n(a) a succinct description of the reach of the river, canal or drain or whole \r\nor part of the lake, dam or headwork designated as the Conservation \r\nZone; \r\n(b) the objectives of the Conservation Zone; \r\n(c) the boundaries of the related Buffer Zone and Stri ct Conservation \r\nZone.  \r\n82. Management of Conservation Zones .− (1) Immediately after its publication \r\nin the official gazette under section 81 or, as the case may be, on a date specified for \r\ngiving effect to such designation in the official gazette, the Conserva tion Zone shall \r\nbe managed by a Canal Officer so authorized by the Secretary. \r\n(2) For the purpose of such management, the authorized Canal Officer \r\nshall give due regards to the better practices related to the objectives of the \r\ndesignation, and in addition to such other things as may be required by him to be \r\ndone to meet such objectives: \r\n(a) no person shall exploit any natural resource from any land falling within \r\nthe Strict Conservation Zone by way of hunting, fishing, felling of trees \r\nor removal of vegetation,  agriculture, materials or any other similar \r\nmeans; \r\n(b) no person shall use his land falling within a Buffer Zone in \r\ncontravention of any restriction and guideline prescribed to meet the \r\nobjectives of the Conservation Zone; and \r\n(c) any access road, building and similar other work shall be so \r\nundertaken, and any other facility or amenity for population residing in \r\nthe Conservation Zone shall be so provided, as not to impair its \r\nconservation value or management objectives.  \r\n(3) Any owner of land or other person who is permanently affected by any \r\nrestriction imposed to give effect to the provisions of this section, shall be eligible to \r\nreceive reasonable compensation and may make a claim before the Collector.  \r\n(4) Every claim received un der this section shall be decided by the \r\nCollector in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894) a nd paid \r\nwithin one year from the day it falls due. \r\n(5) No such claim shall be admitted after expiry of one year from the date \r\nof such af fect complained of unless the Collector is satisfied that the claimant had \r\nsufficient cause for not making the claim within such period. \r\n83. Execution of public embankment works .− (1) Whenever it appears to the \r\nChief Engineer that: \r\n(a) a new public embankment shall be executed; \r\n(b) the line of an existing public embankment shall be altered or \r\nlengthened; \r\n(c) a sluice may be made through a public embankment;  \r\n(d) an embankment which connects a public embankment or is formed by \r\njunction with the part of a line of public embankment shall be taken \r\nunder the charge of the Government; and \r\n(e) an embankment or obstruction of any kind, which endangers the \r\nstability of a public embankment or safety of a town or village, or which \r\nis likely to cause loss of property by interfering with the general or flood \r\ndrainage of any tract of land shall be removed or altered; \r\nhe may cause a provisional scheme to be prepared along with a map showing \r\nlands likely to be affected and benefited by it, and shall cause a notice specifying \r\nthat any objections may be made to him by a day falling no earlier than fifteen days \r\nfrom the date of the notice.  \r\n(2) Any interested person may, by the fixed date, submit his objection to \r\nthe Chief Engineer, giving facts and reasons he relies upon therefo r, on any of the \r\nfollowing grounds: \r\n(a) that the said scheme is unnecessary or impracticable for any reason; \r\nor \r\n(b) it is likely to be uneconomical. \r\n(3) Where no objection is received by the fixed date, or the objections so \r\nreceived are, in view of the Chief Engin eer, insufficient or invalid, he may approve \r\nthe said scheme with or without any modifications and: \r\n(a) where so required submit it to the Secretary for arranging sums to carry \r\nout the scheme or to permit him to take over an embankment referred \r\nto at clause (d) above; \r\n(b) allow the sluice to be made through a public embankment; or \r\n(c) require the owner of the embankment or the person causing the \r\nobstruction referred to at clause (e) above, to remove or suitably alter \r\nit, and if he ignores or refuses to do so, cause it to be removed or \r\naltered at his expense, and all sums incurred shall be due by him to the \r\nChief Engineer and if he does not, when called upon, make full \r\npayment, such expenses shall be recovered from him as an arrear of \r\nland revenue. \r\n(4) Where it appears to the Divisional Canal Officer that immediate doing \r\nor execution of any act or work mentioned in subsection (1) is necessary to prevent \r\nor control a sudden and extensive public injury, he may, with the permission of the \r\nChief Engineer, do such act  or execute such work immediately and the provisions of \r\nthis section relating to notice, invitation of objections shall not apply.  \r\n84. Execution of new private embankment works .− (1) Whenever  a person \r\nintends to erect an embankment or to extend, widen, alter or remove any existing \r\nembankment at his expense, he may make an application to the Chief Engineer \r\nindicating through an accompanying map the lands likely to be affected and \r\nbenefited by it.  \r\n(2) Where it appears to the Chief Engineer that the work applied for is, on \r\nthe face of it, beneficial, he may invite and decide any objections to it in accordance \r\nwith the provisions of section 8 3, in so far as may be, and accordingly refuse or \r\naccept the application with or without any modification. \r\n85. Pathways, hedges etc. on embankments to vest in Government .− (1) \r\nEvery embankment and every embanked tow -path maintained or restored by the \r\nGovernment, and the entire land, earth, pathways, gates, berms an d hedges \r\nbelonging to or forming part of, or standing on any such embankment shall vest in \r\nthe Government. \r\n(2) Provisions of subsection (1) shall also apply to a private embankment \r\nas long as it is held by the Government on behalf of the persons interested  in the \r\nlands to be protected or benefited by such embankment. \r\n86. Roads, water courses and sluices passing over, through or under an \r\nembankment.− (1) No road, canal, drain, water course, sluice or pipe shall be \r\nallowed to pass over, through or under a public embankment, except with the written \r\npermission of the Divisional Canal Officer. \r\n(2) All canals, drains, water courses, sluices and pipes passing through a \r\npublic embankment shall be opened, shut and run in such manner as may be \r\nordered by the Divisional Ca nal Officer, or the officer in the immediate charge of the \r\nembankment, under such order. \r\n87. Structural safety standards for embankments .− (1) All embankments shall \r\ncomply with the construction and safety standards fixed by the Secretary under a \r\nrelevant Standing Instruction. \r\n(2) Such standards shall be fixed in consideration of, among other things, \r\nthe last reported highest water levels, prevailing  topography, geological conditions \r\nand river behaviour in the corresponding reach, availability of local construction \r\nmaterials, the dead load, water pressure and other anticipated loads as well as the \r\nneed for economy of effort. \r\n88. Alignment etc. of an emban kment to be fixed after study .− Unless, in the \r\nview of the Chief Engineer, it shall be immediately executed to prevent or control a \r\nsudden and extensive public injury, the alignment, geometry, layout, height and other \r\nspecifications of an embankment and ri ver training work shall be fixed only after \r\ncarrying out and giving due consideration to the results of:  \r\n(a) topographical surveys and analysis of local soil and geological \r\nconditions; and \r\n(b) a simulation, by an appropriate mean such as physical or numerical \r\nmodeling, of the river conditions which are likely to affect its safety and \r\nefficient operation, and the impact it is likely to have on the flood plain \r\nand prevailing river conditions after its execution. \r\n89. Maintenance of embankments .− (1) A Divisional Canal Officer may make \r\nany repair in and do all other acts necessary and proper for the maintenance of a \r\npublic embankment or any private embankment taken charge of under section 83. \r\n(2) The owner of a private embankment may make any repairs in and do \r\nall other acts necessary and proper for its maintenance less any cut or alteration \r\nmade in it under the orders of the Divisional Canal Officer. \r\n90. Regulations for operation of dams, weirs, sluices etc .− (1) Every Chief \r\nEngineer shall fix regulations for the operation of all dams, headworks, weirs, sluices \r\nand embankment falling within the Region under his charge. \r\n(2) Such regulations shall, among other things, provide for matters relating \r\nto: \r\n(a) the volume of and manner in which water shall be stored, released, \r\npassed through, around or besides a dam, headwork, weir, sluice or \r\nembankment; \r\n(b) their continued surveillance and inspection; \r\n(c) machinery, instruments, stores and other materials required for their  \r\nefficient and safe operation; and \r\n(d) the means for making meteorological and hydrological observations for \r\ntheir efficient and safe operations. \r\n(3) Every dam, headwork, weir, sluices and embankment shall be \r\noperated in accordance with the regulation fixed for it. \r\n91. Flood risk management strategy .− (1) The Secretary shall, propose to the \r\nMinister, a draft strategy for the management of flood and river erosion risk in the \r\nPunjab. \r\n(2) Such draft strategy shall, among other things, specify: \r\n(a) an objective assessment of flood and river erosion risk; \r\n(b) objectives for managing flood and river erosion risk; \r\n(c) measures for achieving these objectives and when and how these \r\nmeasures are to be applied; \r\n(d) cost and benefit of these measures, and how these are to be paid for; \r\n(e) authorities responsible for managing flood and river erosion risk and \r\ntheir respective functions and responsibilities; and \r\n(f) how and when the strategy is to be reviewed. \r\n(3) For the purpose of developing the draft strategy, the Secretary shall \r\nconsult all relevant authorities, a good number of persons with relevant experience \r\nand knowledge as well as public at large. \r\n(4) The Secretary shall lay the draft strategy before the Cabinet, and \r\nwhere the Cabinet is satisfied that implementation of the draft strategy is in the public \r\ninterest, approve it with or without any modifications. \r\n92. Flood protection plans .− (1) Every year, sufficiently before the onset of \r\nmonsoon, every Divisional Canal Officer shall: \r\n(a) carry out an objective assessment of likely sources and probability of \r\nriverine flooding in the area under his charge and the risks and \r\ndamages associated with such an event; and \r\n(b) based on such assessment, prepare a plan to prevent such risks, and \r\napprehend and avert any public injury. \r\n(2) The said plan shall be consistent with the strategy referred to at section \r\n91 and, among other things, include: \r\n(a) a mention of any dam, headwork, weir, sluice, or other irrigation work, \r\nor reach of an embankment, canal or drain which is weak or otherwise \r\nvulnerable and a schedule for its surveillance, strengthening and \r\nprotection; \r\n(b) the number and description of officers, other staff and labourers as well \r\nas earth moving machines, instruments, stores and other materials \r\nwhich will be required for effectively responding to various levels and \r\ntypes of flood events; \r\n(c) a description of areas, persons and properties that are likely to be \r\naffected at various levels and types of flood events and procedures and \r\nmeasures to be followed for their protection; \r\n(d) a plan for forecasting flood events and procedures for warning and \r\nevacuation of population from affected areas; \r\n(e) relevant inundation maps at an appropriate scale; \r\n(f) the role and duties of various authorities in this respect and a system to \r\neffect coordination among them for collaborative action; and \r\n(g) a mention of specific event or point in time when the plan or any \r\nmeasure under it shall be put into implementation. \r\n(3) A similar plan shall be prepared by every Superintending Canal Officer \r\nand Chief Engineer in respect of the areas under their charge, an d by the Secretary \r\nin respect of the Punjab.  \r\n93. Duty towards collaborative effort for flood protection .− (1) It shall be the \r\nduty of every authority entrusted with any function or responsibility under the strategy \r\nreferred to at section 91 or the flood protection plan to: \r\n(a) fully and efficiently discharge all such functions and responsibilities and \r\nspare all possible resources under its control for this purpose; \r\n(b) cooperate with every other such authority in the discharge of its \r\nfunctions and responsibilities under the flood protection plan or the \r\nstrategy; and \r\n(c) promptly share any relevant information under its control. \r\n(2) All flood protection efforts in a district shall be led and supervised by \r\nthe Deputy Commissioner of that district and subj ect to any general instructions of \r\nthe Secretary: \r\n(a) every authority mentioned in the flood protection plan shall abide by his \r\norders and instructions in this respect; and \r\n(b) the Divisional Canal Officer shall generally assist and advise him on \r\nthe engineering aspects of such effort. \r\n94. Powers of the Deputy Commissioner to deal with floods .− (1) In addition \r\nto any other power that may be conferred upon him by the Government in this \r\nrespect, a Deputy Commissioner shall, for the purpose of implementing a flood \r\nprotection plan and to fight a flood event in general, have the powers to: \r\n(a) segregate and evacuate any population which is affected or is likely to \r\nbe affected by flood; \r\n(b) requisition, for a reasonable duration, any earth -moving machine, \r\nmotor vehicle, cart, carriage, boat or beast of burden, or any building, \r\nland, equipment; \r\n(c) requisition earth, stone or any other material or store in the required \r\nquantities; \r\n(d) conscript labour; \r\n(e) remove, demolish or alter any building or other structure; \r\n(f) direct any person to abstain from a certain act or to take certain order \r\nwith regard to certain property in his possession or under his control; \r\nand \r\n(g) requisition and use the services of any employee  of the Government \r\nworking within the district under his charge. \r\n(2) Any owner of the earth moving machine, motor vehicle, cart, carriage, \r\nboat or beast of burden, building, land, equipment, earth, stone or any other material \r\nor store which is requisitioned, or a building or other structure which is demolished or \r\naltered, o r the person who is conscripted for labour or directed to abstain from a \r\ncertain act or to take any order with regards to any property, shall be eligible to \r\nreasonable compensation and may make a claim before the Collector.  \r\n(3) Any earth-moving machine, motor vehicle, cart, carriage, boat, beast of \r\nburden, building, land, equipment, earth, stone, or any other material or store with \r\nregards to which an order to be requisitioned has been passed under subsection (1) \r\nshall forthwith vest in the Deputy Commissi oner, who may deal with it in such \r\nmanner as he deems proper for the discharge of his duties under this Act. \r\n (4) As soon as may be, after the purpose for which such earth -moving \r\nmachine, motor vehicle, cart, carriage, boat, beast of burden, building, land , \r\nequipment, material or store was requisitioned has been served, or any earth, stone \r\nor other material which is left unused, it may, at the request of his owner, be returned \r\nto him by the Deputy Commissioner after he refunds the compensation paid to him \r\nless the usual depreciation charges. \r\n (5) The Deputy Commissioner may use or cause to be used such force as \r\nmay, in his opinion, be reasonably necessary for securing compliance with or giving \r\neffect to or preventing any contravention of an order passed or f or the effective \r\nexercise of power exercisable under this section. \r\n(6) Every claim received under this section shall be decided by the \r\nCollector in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894) a nd paid \r\nwithin one year from the day it falls due. \r\n(7) No claim shall be admitted after expiry of one year from the date of \r\nsuch requisition, or demolishing or alteration of the structure, or conscription, or \r\npassing of the order unless the Collector is satisfied that the claimant had sufficient \r\ncause for not making the claim within such period. \r\n95. Designation of a section of an embankment to be a fuse plug and its \r\noperation.− (1) Whenever he considers it so expedient, the Secretary may propose \r\nto the Chief Minister that a section of any e mbankment may be declared to be a fuse \r\nplug to divert, as safely as possible, excessive water flowing in a river, canal or drain \r\nso that: \r\n(a) the water flowing or likely to flow through the appertaining dam, \r\nheadwork, bridge or other irrigation work does not exceed its safe \r\ndischarging capacity; or \r\n(b) water level against any other section of an embankment does not rise \r\nto an extent that it becomes unsafe and thereby pose a risk of \r\nextensive damage to life and property or an installation of public \r\nimportance it is meant to protect. \r\n(2) Where the Chief Minister so agrees, the Secretary may, by a \r\nnotification published in the official gazette, declare that section of the embankment \r\nto be a fuse plug. \r\n(3) A fuse plug shall be operated by the Deputy Commissioner on  the \r\nadvise of the Divisional Canal Officer under the circumstances mentioned in the \r\nrelevant Standing Instruction. \r\n(4) No claim for compensation or other legal proceedings shall lie against \r\nthe Government in respect of any loss caused by the operation of a fuse plug.  \r\n96. Flood forecasting and routing analysis .− (1) The Government shall \r\nmaintain an adequately resourced unit to  undertake, among other things, the \r\nfollowing tasks, namely: \r\n(a) continuously collect, record and analyze relevant information on \r\nmeteorological conditions, observed patterns of rain fall and melting of \r\nglaciers and snow in their watershed, and other related phenomena \r\nand develop a forecast of expected flows in various rivers in the Punjab \r\nas well as to further enhance any similar forecast received through \r\nother authorities and sources; \r\n(b) identify areas that are likely to be inundated by such flows;  \r\n(c) identify any dam, headwork, weir, bridge, canal, drain, embankment or \r\nother irrigation work that is likely to become unsafe or vulnerable in \r\nview of the water levels achieved or likely to be achieved under such \r\nflows; \r\n(d) identify areas that are likely to be inun dated if the water leaks or \r\nescapes from a dam, headwork, weir, canal, drain, embankment or \r\nother irrigation work, and the route such water is likely to take before \r\ndraining off completely; and \r\n(e) promptly disseminate information on the above aspects as requi red \r\nunder a relevant Standing Instruction. \r\n(2) The unit shall consist of a head and other officers and staff of such \r\ndescription and in such number as the Government may, from time to time, fix.  \r\n(3) The said head, officers and staff shall be appointed in such manner \r\nand perform such duties and exercise such powers as may be prescribed. \r\nPART XI \r\nOF GROUND WATER \r\n97. Ground water zones and their administration .− (1) Where he considers it \r\nexpedient to do so, the Secretary may, having regards to the lay  of various river \r\nbasins and sub -basins, irrigation areas of various canals and other relevant factors, \r\ndivide the ground water in the Punjab into zones in the interest of better \r\nmanagement. \r\n(2) For each of the said zone, there shall be an officer in -charge to carry \r\nout the provisions of this Act within the limits of the zone. \r\n(3) In his work, the officer in -charge shall be assisted by other officers and \r\nstaff of such description and in such number as the Government may, from time to \r\ntime, fix.  \r\n(4) The officer in-charge, other officers and staff shall be appointed in such \r\nmanner and perform such duties and exercise such powers as may be prescribed. \r\n98. Measurement of ground water .− (1) The officer in -charge of a zone shall \r\ncause to be collected and maintained, at such intervals and in such manner as may \r\nbe specified in the relevant Standing Instruction, information on: \r\n(a) the existing levels of water table at various points within such zon e; \r\nand \r\n(b) basic physical and chemical characteristics of the ground water \r\n(2) Each calendar year, no later than the last working day of the month of \r\nJanuary, every officer in -charge shall submit to the Secretary a report which shall, \r\namong other things, contain: \r\n(a) the information mentioned at subsection (1) pertaining to the last \r\npreceding calendar year; \r\n(b) an estimate of the water recharged into and water abstracted from the \r\nsaid zone during the last preceding calendar year; \r\n(c) a succinct description of the main sour ces of such recharge and the \r\nvarious purpose to which abstracted water was applied; \r\n(d) the general health of the related ground water; and \r\n(e) an estimate of the ground water which can be abstracted from the zone \r\non a sustainable basis. \r\n(3) Each calendar year, no later than the last working day of the month of \r\nMarch, the Secretary shall cause a similar report on ground water in the Punjab for \r\nthe preceding calendar year to be prepared and laid before the Minister. \r\n(4) The Secretary shall arrange for every such report to be available for \r\npublic inspection at his office during usual working hours at reasonable notice. \r\n99. Duty of owners of wells to allow collection of samples .− (1)  For the \r\npurpose of section 98, the owner or person having control over a well shall, \r\nwhenever so required, allow the officer in -charge of the zone or the officers and staff \r\nsub-ordinate to him, to: \r\n(a) collect, free of any charge, samples of ground water from that well; or \r\n(b) use, free of any charge, the shaft of the well to install implements to \r\ncollect information on physical and chemical characteristics of the \r\nground water. \r\n(2) An owner or occupier of a well who is permanently affected by any \r\nmeasure taken to give effect to the provisions of this section, shall be eligible to \r\nreceive reasonable compensation and may make a claim before the Collector.  \r\n(3) Every claim received under this section shall be decided by the \r\nCollector in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894) a nd paid \r\nwithin one year from the day it falls due. \r\n(4) No such claim shall be admitted after expiry of one year from the date \r\nof occurrence of the affect of any measure complained of unless the Collector is \r\nsatisfied that the claimant had sufficient cause for not making the claim within such \r\nperiod. \r\n100. Ground water improvement plans .− (1) The Secretary shall propose to the \r\nMinister a plan for improvement of ground water in the Punjab in relation to, among \r\nother things: \r\n(a) the conjunctive use of various sources of surface and ground water; \r\n(b) re-charge of ground water in areas where the water table is falling \r\nconsistently; \r\n(c) betterment of physical and chemical characteristics of ground water; \r\nand \r\n(d) sustainable abstraction of ground water. \r\n(2) If the Minister so agrees, the Secretary shall cause to be published in \r\nan issue of a reputable daily newspaper a notice mentioning: \r\n(a) that the plan has been so prepared; \r\n(b) the name and address of a Canal Officer from whom copies of the plan \r\nmay be obtained on payment of a fee fixed by him by a date fixed in \r\nthe notice; and \r\n(c) that any objections to the plan may  be made by a day falling no earlier \r\nthan fifteen days from the date of the notice, and the name and \r\naddress of the Canal Officer to whom such suggestions and objections \r\nmay be made. \r\n(3) Any interested person may, by the fixed date, submit his objection, \r\ngiving facts and reasons he relies upon therefor, on any of the following grounds: \r\n(a) that the plan is unnecessary or impracticable for any reason; or \r\n(b) it is likely to be uneconomical. \r\n(4) Where he considers it so expedient, the Secretary may depute a Canal \r\nOfficer to hear any person making such objection, or to hold a public inquiry on any \r\nmatter of general importance brought out in an objection. \r\n(5) The Canal Officer deputed for hearing an interested person or, as the \r\ncase may be, to hold a public inq uiry shall submit to the Secretary a succinct report \r\non his findings as to whether the objection is invalid or insufficient or shall, wholly or \r\npartly be accepted. \r\n(6) As soon as may be after expiry of the date of submission of objections \r\nand, as the case may be, receipt of said report from Canal Officer, the Secretary \r\nmay lay the plan before the Cabinet for approval citing his opinion on objections \r\nreceived in this respect. \r\n(7) Where the Cabinet is satisfied that it is likely to be in the public interest, \r\nit may approve the plan with or without any modification. \r\n101. Execution of works to re-charge or otherwise improve ground water.− (1) \r\nAn officer in-charge of a zone, or when so directed by the Secretary an authorized \r\nCanal Officer, may prepare and execute any work or do all other things necessary to \r\nrecharge or otherwise improve a ground water source in the zone under this charge. \r\n(2) In so far as practicable, all works shall be so executed and other things \r\nso done as not to impair the objectives and any general methodology mentioned in \r\nthe groundwater improvement plan. \r\n102. Unsafe discharge into ground water prohibited .− (1) No person shall \r\ndischarge or dispose of waste water, sewage, industrial or other effluent, \r\ncontaminant or any other noxious material into any well or otherwise in such manner \r\nthat it may lead to leaching or percolation of any ill affect into the ground water;  \r\n(2) Whoever discharges, disposes of or dumps any matter in contravention \r\nof any provision of subsection (1), shall upon a notice by the officer in -charge of the \r\nzone, refrain from it immediately.  \r\n(3) If that person neglects, or fails in, or refuses to refrain from such \r\ncontravention, the officer in-charge of the zone may cause such discharge, disposing \r\nof or dumping to be stopped and removed at his expense and all sums incurred shall \r\nbe due by him to t he officer in -charge and if he does not, when called upon, make \r\nfull payment, such expenses shall be recovered from him as an arrear of land \r\nrevenue.  \r\n103. Officer in-charge of a zone and officers subordinate to him to exercise \r\npowers of Canal Officers .− For the purpose of this part, an officer in -charge of a \r\nzone and officers sub -ordinate to him may exercise all or any powers of a Canal \r\nOfficer under section 11 or such other powers of a Canal Officer as may be vested in \r\nhim by the Secretary.  \r\nPART XII \r\nOF NAVIGATION OF RIVERS AND CANALS \r\n104. Declaration of a river reach or canal to be a navigation line .− (1) Where \r\nhe considers it expedient to do so, the Secretary may propose to the Chief Minister \r\nthat a suitable reach of any river or a canal shall be declared a naviga tion line and \r\nprovisions of this Part shall apply to, and be in force, as regards any navigation in \r\nsuch channel. \r\n(2) If the Chief Minister so agrees, the matter of declaration of that reach \r\nas navigation line shall be notified in the official gazette and provisions of this Part \r\nshall apply immediately thereafter or, as the case may be, after a day appointed for \r\nthis purpose in that notification.   \r\n105. Appointment of Supervisors .− The Secretary may appoint a Canal Officer \r\nto be the Supervisor to make or open a new line of navigation and, as the case may \r\nbe, to regulate the entry into and use of an existing navigation line by vessels.  \r\n106. Liability of vessels to pay navigation charges .− No vessel shall enter into \r\nor use a navigation line without having paid a toll fixed in terms of section 144.  \r\n107. Removal and detention etc. of vessels and goods .− (1) A Supervisor may \r\nremove, detain, seize and sell any vessel entering into or using a navigat ion line or \r\nthe goods and cargo laden on it, where he considers it expedient to do so: \r\n(a) to avoid any damage to the works existing on a navigation line or to \r\nany other vessel and person using that navigation line; \r\n(b) to recover any toll due against such vessel, or goods or cargo laden on \r\nit; \r\n(c) to recover any fines imposed upon the owner of such vessel for \r\ncontravention of any rule relating to the use of navigation line; \r\n(d) to defray any expense incurred on repair of any damage caused by \r\nthat vessel to the works existing on the navigation line, other vessels or \r\npersons using it; and \r\n(e) to defray any expenses incurred on such removal, detention, seizure or \r\nsale of the vessel. \r\n(2) No vessel or any goods and cargo laden on it which has been removed \r\nor detained under subsection (1) shall be seized and sold unless the person owning \r\nit neglects or refuses to pay such sum in full despite having been served two written \r\nnotices with an interval of not les s than one month, that the vessel or goods and \r\ncargo have been so detained and will be sold to recover such payment. \r\n(3) For the purpose of this section: \r\n(a) all vessels, goods and cargos shall be sold through open auction; \r\n(b) a vessel shall not be sold where, in view of the Supervisor, the sums \r\nlikely to be received by way of sale of its furniture, other contents and \r\nremovable parts will be sufficient to recover the sums due against the \r\nvessel; \r\n(c) only such part of seized goods and cargo shall be sold which  is likely \r\nto, as nearly as possible, fetch sufficient sum to defray the sums due \r\nagainst its owner; \r\n(d) any sum received by way of such sale which is left after defraying the \r\nsums due, and in the like manner, any left -over goods or cargo and, as \r\nthe case may be, the vessel, shall be returned to its owner. \r\n(4) Where the Supervisor is in doubt as to whom a detained or seized \r\nvessel, good and cargo, or the left -over sum from the sale of such vessel, good or \r\ncargo shall be returned, he shall hold it until the righ t in it is decided by a court of \r\ncompetent jurisdiction. \r\nPART XIII \r\nOF ENGINEERING ACADEMY \r\n108. Continuation of the Academy .− (1) The previously established Punjab \r\nEngineering Academy shall continue under this Act to impart induction, in -service \r\nand other types of training to: \r\n(a) all officers and staff appointed under this Act who are required to \r\nundergo a training at the Academy by the Secretary; and \r\n(b) the officers and staff of any other department in the Punjab or any \r\nother province or territory comprising Pakistan engaged in duties \r\nrequiring engineering and related skills when so directed by their \r\nrespective authorities. \r\n(2) Subject to the permissions required under any relevant law, the \r\nAcademy may impart education in relation to an engineering discipline to interested \r\npersons at such terms and subject to payment of such fees as may be decided by \r\nthe Board of Governors. \r\n(3) The administration of the Academy shall rest with the Principal who \r\nshall be assisted by other officers and staff of such description and in such number \r\nas the Government may, from time to time, fix.  \r\n109. Board of Governors of the Academy .− (1) There shall b e a Board of \r\nGovernors to oversee and direct the work of the Academy, which shall consist of the \r\nfollowing eleven members, namely: \r\n(a) the Minister, who shall also be the Chairperson of the Board of \r\nGovernors; \r\n(b) the Secretary, who shall also be the Vice-Chairperson of the Board of \r\nGovernors; \r\n(c) the Secretary in-charge of the Finance Department; \r\n(d) the Engineer-in-Chief of the Pakistan Army; \r\n(e) the Principal, who shall also be the Secretary of the Board of \r\nGovernors; \r\n(f) the chairperson, by whatever name called, of a body constituted under \r\nany law for regulation of engineering profession in Pakistan; \r\n(g) the head of a reputable public funded university imparting higher \r\neducation in any relevant engineering discipline, by whatever name \r\ncalled; \r\n(h) a leading academician or scientist; \r\n(i) a prominent person engaged in a relevant engineering profession; and \r\n(j) a retired Chief Engineer and an officer of any other department in the \r\nPunjab tasked with engineering works who has retired in a similar \r\nposition, having impeccable engineering skills and a repute for integrity \r\nand professionalism.  \r\n(2) The members mentioned at clauses (g) to (j) above, shall be: \r\n(a) non-official members of the Board of Governors;  \r\n(b) appointed by the Chief Minister for a term of two years on the \r\nrecommendation of the Secretary; and \r\n(c) eligible for re-employment for a second term in the like manner. \r\n(3) After affording him an opportunity to show cause as to why he shall not \r\nbe so removed, the Chief Minister may remove any non -official member before the \r\nexpiry of his term of office on the ground of misconduct or inefficiency or both. \r\n(4) The Board of Governors shall be a body corporate with perpetual \r\nsuccession and a common seal, with power to enter into contracts and acquire and \r\nhold property, movable and immovabl e, and shall in its corporate name, sue and be \r\nsued. \r\n(5) All properties, funds, assets and liabilities, officers and staff of the \r\nAcademy on the date of coming into force of this Act shall stand vested in the Board \r\nof Governors. \r\n110. Meetings and procedure of the Board of Governors .− (1) The Board of \r\nGovernors shall meet at such time and at such places, and in such manner as it may \r\nfix for this purpose. \r\n(2) The quorum for a meeting of the Board of Governors shall be seven \r\nmembers provided that one of such members is the Chairpe rson or the Vice \r\nChairperson. \r\n(3) All decisions of the Board of Governors shall be made by majority of \r\nvotes of the members present and voting. \r\n(4) Every member of the Board of Governors shall have one vote, provided \r\nthat the Chairperson or, as the case may be, the Vice -Chairperson while presiding a \r\nmeeting of the Board of Governors shall not vote on any matter except for breaking a \r\ntie. \r\n111. General powers of the Board of Governors .− (1) Subject to any rules on \r\nthe subject, the Boa rd of Governors shall have  powers to oversee and direct the \r\nwork of the Academy, in particular in respect of the following matters, namely: \r\n(a) curriculum and methods for imparting training and education at the \r\nAcademy;  \r\n(b) making arrangements with other reputable domestic and foreign \r\ninstitutions in relation to improvement of training and education at the \r\nAcademy or imparting part training and educa tion in selected areas at \r\nsuch domestic or foreign institutions; \r\n(c) fees to be paid by officers and staff and interested persons in relation \r\nto training or, as the case may be, education received at the Academy; \r\n(d) acquisition and disposal of properties and to g enerally enter into \r\ncontracts for the purposes of this Act; \r\n(e) remuneration of its members; \r\n(f) recruitment of and terms and conditions of the service of the Principal, \r\nother officers and staff of the Academy as well as the temporary and \r\nvisiting teaching staff; \r\n(g) plans for effecting improvement of training and education at the \r\nAcademy; \r\n(h) application of monies of the Board Fund for the purpose of section 113; \r\n(i) acquisition of loans, with the prior sanction of the Government, for the \r\npurpose of this Act; \r\n(j) setting up of committees required for carrying out the purposes of this \r\nAct; and \r\n(k) framing, subject to approval of the Government, the instructions for the \r\nconduct of its business.  \r\n(2) The Board of Governors may delegate all or any of its powers to the \r\nChairperson, Vice-Chairperson, Principal or any other officer of the Academy. \r\n112. The Board Fund and its sources.− (1) There shall be a fund to be called the \r\nBoard Fund, for the purpose of this Act. \r\n(2) There shall be credited to the Board Fund: \r\n(a) all sums received by way of fee for imparting trainings and education at \r\nthe Academy; \r\n(b) any sum transferred to it by the Government for the purpose of this Act, \r\nor any gift, grant or contribution by any other person or organization; \r\n(c) all loans raised by the Board of Governors for the pu rpose of this Act \r\nwith the prior permission of the Government; \r\n(d) all sums received by way of interests and profits accruing from any \r\ninvestment of the money from it; and  \r\n(e) all proceeds from such other sources of income as the Government \r\nmay, from time to time, direct to be credited to it. \r\n(3) All moneys at the credit of the Board of Governors shall be kept in such \r\ncustody as may be prescribed under the rules. \r\n(4) The Board Fund shall be administered by a suitably trained and \r\nexperienced fund manager under the supervision and control of the Board of \r\nGovernors. \r\n(5) All sums, assets and liabilities, officers and staff of the Research Fund \r\nshall vest in the Board of Governors. \r\n113. Application of the Board Fund .− The moneys credited to the Board Fund \r\nshall not be applied for any purpose other than: \r\n(a) provision of, or maintenance, repair and renewing of any building, \r\nfurniture, vehicles, instrument, training aid or other facility to impart \r\ntraining and education at the Academy; \r\n(b) payment of any sum due to any domestic or foreign institution in \r\nrelation to the improvements in training or education at the Academy \r\neffected through it or part training or education imparted by it; \r\n(c) retirement of any loan acquire d by the Board of Governors for the \r\npurpose of this Act;  \r\n(d) investment for profitable purposes;  \r\n(e) payment of salaries and other remunerations to the Principal, officers \r\nand staff of the Academy, any temporary teaching staff, members of \r\nthe Board of Governors,  fund manager and other officers and staff of \r\nthe fund; \r\n(f) generally in relation to improving the standard of training and education \r\nat the Academy or otherwise enhancing the capacities of Canal \r\nOfficers, other officers and staff appointed under this Act in r elation to \r\ntheir duties; \r\n(g) generally in relation to the functions of the Board of Governors or the \r\nAcademy under this Act; and \r\n(h) any other purpose that is allowed by the Government. \r\n114. Accounts keeping and audit of fund .− (1) The Board of Governors shall \r\nmaintain complete, accurate and updated books of accounts of the Board Fund in \r\nsuch form as may be prescribed under the rules. \r\n(2) The accounts of the Board Fund shall  be audited by the Auditor \r\nGeneral of Pakistan in such manner as may be prescribed under the rules. \r\n(3) Copies of every audit report shall be sent to the Board of Governors \r\nand, as soon as may be, by the Board to the Secretary after adding their comments \r\non it. \r\n(4) The Board of Governors shall promptly and fully carry out any \r\ninstruction of the Secretary for rectification of any objection raised in such audit \r\nreport. \r\n115. Superintendence of the Board of Governors .− (1) The Board of Governors \r\nshall remain under general superintendence and control of the Government. \r\n(2) As soon as may be after the close  of every financial year but not later \r\nthan the last day of the month of August next following, the Board of Governors shall \r\nsubmit to the Government a report on the conduct of its affairs for that year. \r\n(3) The Chief Minister, Minister or Secretary may, at any time, require the \r\nBoard of Governors to promptly furnish to him: \r\n(a) any return, statement, estimate, statistics or other information or report \r\nregarding any matter under their control; or \r\n(b) a copy of any document in their charge. \r\n(4) The Board of Governors shall carry out every lawful instruction of the \r\nGovernment with regards to its functions under this Act. \r\n116. Chairperson, non -official members and Principal etc. to be public \r\nservants.− The Chairperson, non -official members of the Board of Governors and \r\nthe Principal, officers and staff of the Academy, as well as any member of a \r\ncommittee constituted by the Board of Governors under section 111, shall be \r\ndeemed to be a public servant within the meanings of section 21 of the Pakistan \r\nPenal Code 1860 (XLV of 1860).  \r\nPART XIV \r\nOF IRRIGATION RESEARCH \r\n117. Continuation of the Irrigation Research Institute .− (1) The previously \r\nestablished Irrigation Research Institute shall continue to: \r\n(a) conduct and disseminate research in surface hydrology, soil mechanics \r\nand such other areas as may be assigned to it by the Secretary from \r\ntime to time; \r\n(b) design irrigation works; \r\n(c) test the efficacy and suitability of hydraulic structures and to simulate \r\nconditions affecting their safety as well as their impact on related flood \r\nplain and prevailing flow conditions;  \r\n(d) test and recommend the use of various materials, techniques and \r\ndesigns for better construction and management of irrigation works; \r\n(e) regularly analyze and report upon the capacity and performance of \r\nirrigation, reclamation, flood control, and rivers and ground water \r\nmanagement systems in the Punjab; and \r\n(f) advise the Secretary, Canal Officers, other officers and related persons \r\non the above matters. \r\n(2) The Institute may establish and maintain such laboratories and other \r\nfacilities as may be required for the said purposes. \r\n(3) The Institute shall be headed by a Chief Engineer who  shall be \r\nassisted by other officers and staff of such description and in such number as the \r\nGovernment may, from time to time, fix.  \r\n(4) The said Chief Engineer, officers and staff shall be appointed in such \r\nmanner and perform such duties and exercise such powers as may be prescribed. \r\n118. The Irrigation Research Fund and its sources .− (1) There shall be a fund \r\nto be called the Irrigation Research Fund for the purposes of this Act. \r\n(2) There shall be credited to the said fund: \r\n(a) any sum transferred by the Government to it for the purpose of this Act, \r\nor any gift, grant or contribution by any other person or organization; \r\n(b) all sums received by way of fee for services rendered by the Institute; \r\n(c) all sums received by way of interests or profits accruing from any  \r\ninvestment of the fund money; and \r\n(d) all sums received from such other sources of income as the \r\nGovernment may, from time to time, direct to be credited to this fund. \r\n(3) All moneys credited to the said fund shall be kept in such custody as \r\nmay be prescribed under the rules. \r\n(4) The said fund shall be administered by a suitably trained and \r\nexperienced fund manager under the supervision and control of the Research Board. \r\n119. Board for administration of Irrigation Research Fund .− (1) There shall be \r\na board to administer Irrigation Research Fund for the purposes of this Act, which \r\nshall consist of the following seven members, namely: \r\n(a) the Minister, who shall also be the Chairperson of the Research Board; \r\n(b) the Secretary; \r\n(c) the Secretary in-charge of the Finance Department; \r\n(d) the Chief Engineer in-charge of the Institute; \r\n(e) the chairperson, by whatever name called, of a body constituted under \r\nany law for regulation of engineering profession in Pakistan; \r\n(f) a leading academician in any discipline rel ating to hydraulic \r\nengineering, or any other person with a considerable practice in the \r\nsaid area and a repute for integrity and professionalism; and \r\n(g) a retired Chief Engineer having impeccable engineering skills and a \r\nrepute for integrity and professionalism.  \r\n(2) The members mentioned at clause (f) and (g) above, shall be: \r\n(a) non-official members of the Research Board; \r\n(b) appointed by the Chief Minister for a term of two years on the \r\nrecommendation of the Secretary; and \r\n(c) eligible for re-employment for a second term in the like manner. \r\n(3) After affording him an opportunity to show cause as to why he shall not \r\nbe so removed, the Chief Minister may remove any non -official member before the \r\nexpiry of his term of office on the ground of misconduct or inefficiency or both. \r\n(4) The Research Board shall be a body corporate with perpetual \r\nsuccession and a common seal, with power to enter into contracts and acquire and \r\nhold property, movable and immovable, and shall in its corporate name, s ue and be \r\nsued. \r\n(5) All sums, assets and liabilities, officers and staff of the Research Fund \r\nshall vest in the Research Board. \r\n120. Meetings and procedure of the Research Board .− (1) The Research Board \r\nshall meet at such time and at such places, and in such manner as it may fix for this \r\npurpose. \r\n(2) The quorum for such meetings shall be three members provided that \r\none of such members is the Chairperson.    \r\n(3) All decisions of the Research Board shall be made by majority of votes \r\nof the members present and voting. \r\n(4) Every member of the Research Board shall have one vote, provided \r\nthat the Chairperson shall not vote on any matter except for breaking a tie. \r\n121. General powers of the Re search Board .− (1) Subject to the rules, the \r\nResearch Board shall have all the powers to oversee and administer the Research \r\nFund, particularly in respect of the following matters, namely: \r\n(a) acquisition and disposal of property and generally to enter into \r\ncontracts for the purposes of this Act; \r\n(b) application of monies of the Research Fund for the purpose of section \r\n122; \r\n(c) making arrangements for collaborating with and learning from other \r\ndomestic and foreign institutions engaged in areas mentioned at \r\nsection 117; \r\n(d) fixing of fees for various services rendered by the Institute; \r\n(e) remuneration of its members; \r\n(f) recruitment and determination of terms and conditions of the service of \r\nfund manager, other officers and staff of the fund;  \r\n(g) setting up one or more panels of experts to assist and advise the Canal \r\nOfficers and other persons on matters referred to at section 117 and to \r\nfix remuneration for their services; \r\n(h) setting up of its committees; and \r\n(i) framing, subject to approval of the Government, instructions for th e \r\nconduct of its business.  \r\n(2) The Research Board may delegate all or any of its powers to the \r\nChairperson, any other member, fund manager or any other officer of the fund. \r\n122. Application of the Board Fund .− The moneys credited to the Board Fund \r\nshall not be applied for any purpose other than: \r\n(a) provision of, or maintenance, repair and renewing of any building, \r\nfurniture, vehicle, instrument, research aid or other facility in relation to \r\nthe matters mentioned at section 117; \r\n(b) payment of sums in relation to any arrangement to collaborate with, or \r\nto effect improvement or to learn from any domestic or foreign \r\ninstitution in any matter mentioned at section 117; \r\n(c) retirement of any loan acquired by the Board of Governors for the \r\npurpose of this Act;  \r\n(d) investment for profitable purposes;  \r\n(e) payment of remuneration, and as the case may be, salary to members \r\nof the Research Board, experts engaged by the Research Board to \r\nassist and advise the Canal Officers and other persons on any matter \r\nmentioned at section 117, and the fund manager and other officers and \r\nstaff of the fund; \r\n(f) generally in relation to improving the capacities of the Institute, Canal \r\nOfficers, other officers and staff appointed under this Act in relation to \r\nany matter mentioned at section 117; \r\n(g) generally in relation to the functions of the Research Board or the \r\nInstitute under this Act; and \r\n(h) any other purpose that is allowed by the Government. \r\n123. Accounts keeping and audit of the Research Fund .− (1) The Research \r\nBoard shall maintain complete, accurate and updated books of accounts of the \r\nResearch Fund in such form as may be prescribed. \r\n(2) The said accounts shall be audited by the Auditor General of Pakistan \r\nin such manner as may be prescribed. \r\n(3) Copies of every audit report shall be sent to the Research Board and, \r\nas soon as may be, by the Research Board to the Secretary after adding their \r\ncomments on it. \r\n(4) The Research Board shall carry out any instruction of the Secretary for \r\nrectification of any objection raised in such audit report. \r\n124. Superintendence of the Research Board .− (1) The Research Board shall \r\nremain under general superintendence of the Government. \r\n(2) As soon as may be after the close of every financial year but not later \r\nthan the last day of the month of August next following, the Research Board shall \r\nsubmit to the Government for approval a report on the conduct of its affairs for that \r\nyear. \r\n(3) The Chief Minister, Minister or Secretary may, at any time, require the \r\nResearch Board to promptly furnish to him: \r\n(a) any return, statement, estimate, statistics or other information or report \r\nregarding any matter under the control of the Research Board; or \r\n(b) a copy of any document in the charge of the Research Board. \r\n(4) The Research Board shall carry out every lawful instruction of the \r\nGovernment with regards to its functions under this Act. \r\n125. Chairperson and non -official members etc. to be public servants .− The \r\nChairperson and non -official members of the Research Board, fund manager and \r\nofficers and staff of the fund, a s well as any member of a committee constituted by \r\nthe Board under section 121, shall be deemed to be a public servant within the \r\nmeanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860).  \r\nPART XV \r\nOF CANAL PATROLS \r\n126. Constitution of Canal Patrols.− (1) The Government shall constitute and \r\nmaintain adequately resourced Canal Patrols to undertake, among other things, the \r\nfollowing duties, namely: \r\n(a) to protect dams, head  works, weirs, embankments, canal, drains and \r\nother irrigation works and prop erties and hedges and trees growing \r\nthereon; \r\n(b) to prevent and investigate offences under this Act; \r\n(c) to generally assist the Canal Officers, other officers and staff in \r\nperformance of their duties under this Act; and \r\n(d) any other work assigned by the Secretary. \r\n(2) The Canal Patrols shall consist of officers and other staff in such rank \r\nand in such number as the Government may, from time to time, fix. \r\n(3) All Canal Patrols in the Punjab shall be headed by a Director. \r\n(4) The Director, officers and staff of the Canal Patrols shall be appointed \r\nin such manner and perform such duties and exercise such powers as may be \r\nprescribed. \r\n127. Certificates required to exercise powers .− (1) On his appointment, every \r\nPatrol Officer shall receive a certificate issued under the seal  of the Director, by \r\nvirtue of which he shall be vested with the powers of under this Act. \r\n(2) Before exercising any power under this Act in relation to entry, arrest or \r\nuse of force against any person, every Patrol Officer, and in case two or more Patrol \r\nOfficers are exercising such power collectively, the senior most Patrol Officer among \r\nthem, shall show the said certificate to that person, and also loudly read out to him \r\nhis name, rank, service number and reasons for the exercise of such power in brief. \r\n(3) The said certificate shall cease to have effect whenever the person \r\nnamed in it ceases to be, for any reason, a part of the Canal Patrols, and on his \r\nsuspension or ceasing to be such part, he shall forthwith surrender it to the officer to \r\nwhom he was subordinate to. \r\n128. Superintendence and administration of Canal Patrols.− (1) All officers and \r\nstaff of the Canal Patrols shall be subject to the superintendence and general control \r\nof the Secretary.  \r\n(2) Subject to the provisions of subsection (1), the administration of the \r\nCanal Patrols shall rest with the Director. \r\n129. Power to arrest without warrant .− A Patrol Officer of a rank generally \r\nauthorized by the Director for this purpose, may, without an order of the Magistrate \r\nor without a warrant, arrest: \r\n(a) any person who has, in his view, been concerned in an offence under \r\nthis Act punishable with imprisonment for a term exceeding six months, \r\nor against whom a reasonable suspicion exists of his having been so \r\nconcerned; or \r\n(b) any person found taking precautions  to conceal his presence within \r\nreasonable limits of a dam, lake, headwork, embankment, canal, drain \r\nor other irrigation work under circumstances which afford reason to \r\nbelieve that he is taking such precautions with a view to damage it, or \r\nobstruct or oth erwise interfere with its efficient working, or any of its \r\nappertaining works or structures, or to tear, uproot, cut down or \r\notherwise injure or remove, without proper permission or authority, any \r\nmachine, appliance, contrivance or other apparatus fixed by  the \r\nauthority of a Canal Officer or bushes, hedges and trees growing \r\nthereon. \r\n130. Power to s top and search without warrant .− Whenever any Patrol Officer \r\nof a rank and description generally authorized by the Director for this purpose, has \r\nreason to believe that any offence punishable with imprisonment for a term \r\nexceeding six months has been or is being committed and that a search warrant \r\ncannot be obtained without affording the offender an opportunity of escaping or of \r\nconcealing evidence relating t o that offence, he may stop, detain and search his \r\nperson and belongings forthwith, and if he thinks it so proper, arrest any person \r\nwhom he has reason to believe to have committed the offence. \r\n131. Procedure to be followed after arrest .− Any Patrol Officer mak ing an arrest \r\nunder this Act shall, without unnecessary delay, make over the person so arrested: \r\n(a) to a police officer to be detained at a police station; or \r\n(b) to another Patrol Officer of a rank and description generally authorized \r\nby the Director for this pu rpose, to detain him at a place designated for \r\nsuch purpose by the Secretary. \r\n132. Power to register information on offences .− (1) Where any information on \r\nthe commission of an offence under this Act is reported to him, the  Patrol Officer of a \r\nrank and description generally authorized by the Director for this purpose, shall enter \r\nthe substance of that information in a book to be kept in such form as may be \r\nprescribed the Director.  \r\n(2) Where such information is received orally, the said Patrol Officer shall \r\nhave it reduced to writing and read over to the person making it. \r\n(3) All information whether received in writing or reduced to writing under \r\nsubsection (2) shall be signed or, as the case may be, thumb marked by the person \r\nmaking it. \r\n(4) An information en tered in the said book under this section shall be \r\ndeemed to be an information entered under section 154 of the Code of Criminal \r\nProcedure, 1898 (V of 1898). \r\n133. Investigation of offences .− Any Patrol Officer of a rank and description \r\ngenerally authorized by the Director for this purpose, may investigate any offence \r\nunder this Act within the limits of the area placed under his charge. \r\n134. Provisions of the Code to apply on arrests etc. under this Ac t.− The \r\nprovisions of the Code of Criminal Procedure, 1898 (V of 1898) in relation to arrest of \r\nperson, search of persons and premises, and investigation of offences shall, in so far \r\nas may be, apply to an arrest, search or investigation made under this Act. \r\n135. Conferment of additional powers of a police officer upon Canal Patrols.− \r\nThe Government may confer all or any other powers of a police officer, not being the \r\npowers mentioned in this Part, upon any Patrol Officer specifically or to Patrol \r\nOfficers of a particular rank and description generally. \r\nPART XVI \r\nOF FINANCIALS AND PROPERTIES \r\n136. Rate for the use of canal and percolated water.− (1) The Government may, \r\nthrough a notification published in the official gazette, fix: \r\n(a) a rate to be levied on any water supplied, made available or used from \r\na river, canal, drain or other irrigation work to be called the water rate; \r\nand \r\n(b) a rate to be levied on the use of any water becoming available by way \r\nof percolation or leakage from a river, canal, drain or other irriga tion \r\nwork by means such as sinking of a well in its reasonable vicinity, to be \r\ncalled the percolation rate. \r\n(2) Different water rate and percolation rate may be levied on the water \r\nsupplied, made available or used having regards to one or more of the follo wing \r\naspects, namely: \r\n(a) the usual cost of maintenance and operation of the canal from which \r\nthe water is used or applied or, as the case may be, the usual cost of \r\nmaintenance and operation of the canal, drain or other irrigation work \r\nfrom which the water has become available by w ay of percolation or \r\nleakage;  \r\n(b) the purpose for which the water is supplied, made available or used in \r\nterms of section 49;  \r\n(c) the crop grown or which may be grown on the land irrigated by the \r\nwater supplied, made available or used; \r\n(d) the size or area of the la nd irrigated by the water supplied, made \r\navailable or used; and \r\n(e) the volume of the water supplied, made available or used and its \r\ntimeliness in view of the purpose for which its supply was allowed. \r\n(3) Any sum due as water rate or percolation rate shall be paid by: \r\n(a) the person permitted to obtain, receive, use or apply canal, river or \r\npercolation water under section 53, 54 or 76; or as the case may be \r\n(b) the occupier of land, facility, plant, pond or other thing, for the irrigation \r\nor other benefit of which such  use or application of water was \r\npermitted. \r\n(4) Where considered expedient, the Government may require that the \r\nprovisions of the notification shall have effect retrospectively from any date falling no \r\nearlier than the date on which the water has been so supplied, made available or \r\nused or the rate has otherwise become leviable under this Act.  \r\n137. Rate on lands benefiting from a reclamation work .− (1) The Government \r\nmay, by notification in the official Gazette, fix an annual rate to be levied on all lands \r\nbenefited from a drain or other reclamation work, to be called the reclamation rate. \r\n(2) Reclamation rate shall be paid by the owner or occupier of land \r\nbenefiting from the drain or other reclamation work.  \r\n138. Charges for discharging matter into a drain .− (1) The Government may, \r\nthrough a n otification published in the official gazette, fix an annual charge to be \r\nlevied for the discharge of any matter into a drain, to be called the drainage charge. \r\n(2) Different drainage charges for the discharge of matter in a drain may \r\nbe levied having regards to one or more of the following aspects, namely: \r\n(a) usual cost of maintenance and operation of the drain;  \r\n(b) the volume of the matter discharged; and \r\n(c) the nature and quality of the matter discharged with higher rates \r\ncharged in respect of the matter which is likely to cause a higher \r\nadverse impact on the quality of the water present in the drain at the \r\npoint of its discharge. \r\n(3) The drainage charge shall b e paid by the person obtaining permission \r\nfor such discharge under section 62.  \r\n139. Assessment of annual rates and charges .− (1) Each year, by the first \r\nworking day of the month of April and October or by such other day as may be fixed \r\nby the Secretary, every Canal Collector authorized in this behalf by him, shall \r\nprepare an assessment of the water rate, percolation rate, reclamation rate and \r\ndrainage charge to be levied in respect of the water supplied, made available or \r\nused from all canals, and lands benefit ted from and matter discharged into all the \r\ndrains in the Canal Division under his charge during the last preceding crop season. \r\n(2) The said Canal Collector shall arrange for the copy of the assessment \r\nto be available for inspection at his office during u sual office hours and also have it \r\nsent to all the Lambardars in the Canal Division for information of owners and \r\noccupiers of land in the respective revenue estate, and to be conspicuously \r\ndisplayed at: \r\n(a) a prominent place in the revenue estate to which it pertains to; \r\n(b) in the office of the Divisional Canal Officer as well as the Sub-Divisional \r\nCanal Officer in-charge of the general area to which it pertains; and \r\n(c) the office of the Collector. \r\n(3) Any person who considers that he is not liable to pay any rate or \r\ncharge under this Act but has been assessed as such, or that the rate or the charge \r\nhas been assessed incorrectly, he may, within fifteen days of the receipt of the \r\nassessment by the Lambard ar or its display in the above manner, make a \r\nrepresentation to the Divisional Canal Officer. \r\n(4) Every such representation shall be decided in not more than fifteen \r\ndays of its receipt. \r\n(5) By the first working day of the month of May and November, or by such \r\nother day as may be fixed by the Secretary, the Divisional Canal Officer shall serve a \r\nnotice for payment of the assessed or, as the case may be, corrected water rate, \r\npercolation rate, reclamation rate and drainage charge by a date fixed in that noti ce \r\nupon the persons liable for its payment for the last preceding crop season.  \r\n140. Special charges to apply on unauthorized use of water and unauthorized \r\ndischarge in drains .− (1) Whenever it appears to the Sub -Divisional Canal Officer \r\nthat:  \r\n(a) water running in a river, canal or a water course, or any water obtained \r\nfrom percolation or leakage from a river, canal, drain or other irrigation \r\nwork is being used or applied without obtaining a permission under \r\nsection 53, 54 or 197; or \r\n(b) any matter is being discharged in a drain without obtaining a \r\npermission under section 62  he may, after holding a summary inquiry, \r\nidentify the person by whose act or neglect such use, application or \r\ndischarge has occurred, and through a written order, require him to pay \r\na sum not exceeding ten times the sum due for such use, application or \r\ndischarge as water rate, percolation rate or, as the case may be, \r\ndrainage charge, to be called the special charge, by a date fixed in that \r\norder. \r\n(2) Where even after reasonable effort, such person cannot be identified in \r\nthe said inquiry, the Sub -Divisional Canal Officer shall require the person or all the \r\npersons on whose land the water has flowed into or who have otherwise benefited \r\nfrom such water, to pay the special charge or, as the case ma y be, pay the special \r\ncharge jointly.  \r\n141. Wastage charges for suffering the water to run to waste .− (1) Whenever it \r\nappears to the Sub -Divisional Canal Officer that water supplied through a canal or \r\nwater course is suffered to run to waste, he may, after holding a summary inquiry, \r\nidentify the person by whose act or neglect such water is suffered to run to waste, \r\nand through a written order, require him to pay a sum not exceeding three times the \r\nsum due for that water as water rate, to be called the wastage charge, by a date \r\nfixed in that order. \r\n(2) Where even after reasonable effort, such person cannot be i dentified in \r\nthe said inquiry, the Sub -Divisional Canal Officer shall require the person or all the \r\npersons chargeable in respect of the water suffered to run to waste, to pay the \r\nwastage charge or, as the case may be, pay the wastage charge jointly.  \r\n142. Contributions for betterment of irrigation works .− (1) The Government \r\nmay, through a notification published in the official gazette, fix a charge on all owners \r\nof lands benefitted from the construction, expansion, improvement or alteration of \r\nany embankment, canal, drain or other irrigation work, in accordance with the size of \r\ntheir holdings, to recover all or any part of the expenses incurred by it on such \r\nconstruction, expansion, improvement or alteration, which shall be called the \r\nbetterment contribution.  \r\n(2) Nothing in this section shall preclude fixing of different per acre rates at \r\nwhich betterment contribution shall be charged from owners of lands benefitted by \r\nthe same work in view of: \r\n(a) the distinct nature of a benefitted land; \r\n(b) the size of benefitted land held by an owner, with advantage given to \r\nowners with smaller holdings; and \r\n(c) the extent of benefits derived by a land from the work as compared to \r\nother lands of similar nature. \r\n(3) No betterment contribution shall be charged against a land: \r\n(a) no earlier than one year from the date that land is benefited; or \r\n(b) which is unculturable. \r\n(4) The betterment contribution shall be payable in instalments at such \r\nintervals as may be fixed in the said notification. \r\n(5) Any owner who pays the betterment contribution in full within a period \r\nof two years of it becoming due, shall receive such rebate as may be fixed in the said \r\nnotification. \r\nExplanation 1: A land shall be deemed to be benefited notwithstanding that the \r\nbenefit is not enjoyed, prov ided such non -enjoyment is due solely to the action or \r\ninaction on the part of the person or persons interested in such land.  \r\nExplanation 2: A land shall not be deemed to be benefited merely by reason of \r\ncarrying out usual repairs and maintenance works of  an irrigation work wholly or \r\npartly at the expense of the Government.  \r\n143. Transfer of certain lands benefiting from an irrigation work to be subject \r\nto payment of windfall charge .− (1) The Government may, through a notification \r\npublished in the official gazette, fix a charge in an amount not exceeding two per \r\ncentum of the consideration which shall be paid on transfer by sale, mortgage or gift \r\nof any land which is benefitted or is likely to benefit from the construction, expansion, \r\nimprovement or alteration of any embankment, canal, drain or other irrigation work, \r\nto be called the windfall charge.  \r\n(2) No windfall charge shall be levied where: \r\n(a) the average value of befitted land in a reve nue estate has risen by less \r\nthan fifteen per centum after the construction, expansion, improvement \r\nor alteration of any embankment, canal, drain or other irrigation work; \r\nor \r\n(b) the average value of lands in a revenue estate expected to benefit from \r\na planned  construction, expansion, improvement or alteration of an \r\nembankment, canal, drain or other irrigation work has risen by not less \r\nthan ten per centum after the relevant plans having become public. \r\n144. Toll on lines of navigation and means of crossing rivers et c.− (1) Every \r\nvessel entering or passing along a navigation line shall pay such toll as may be fixed \r\nby the Government through a notification published in the official gazette. \r\n(2) In the like manner, the Government may, through a notification \r\npublished in the official gazette, fix a toll for the use of any mean of crossing over, \r\nunder or through a river, canal or drain and the use of any road owned or controlled \r\nby the department. \r\n145. Lease of certain properties .− (1) Any property or land which is owned by or \r\ntransferred to a Canal Officer or the department, or any state land or other land \r\nowned by the Government which is under occupation or control of a Canal Officer or \r\nthe department for the purpose of this Act on the date of its commencement and is \r\nnot immed iately required for any operational purpose, or becomes available for \r\ncultivation or other use for a short period seasonally, may be let out for such period \r\nand on such terms and conditions and in such manner as may be approved by the \r\nGovernment.   \r\n(2) Where a person neglects or refuses to pay any sum due against him as \r\nrent or penalty for any delay in the payment of such rent even after lapse of three \r\nmonths from the date it became due, such sum shall be recovered from him as an \r\narrear of land revenue. \r\n146. Irrigation betterment fund .− (1) There shall be a fund to be called the \r\nIrrigation Betterment Fund, which shall vest in the Board for the purposes of this Act. \r\n(2) There shall be credited to the said fund: \r\n(a) all sums received by way of betterment and windfall charges, rents \r\nfrom lease of properties and permits under this Act; \r\n(b) all sums received by way of tolls, penalties and fines imposed or by \r\nway of compounding of offences under this Act; \r\n(c) such part of sums received by way of water rate, percolation ra te, \r\nreclamation charges, special charges under this Act as the \r\nGovernment may earmark for credit to this fund; \r\n(d) any sums transferred by the Government for the purpose of this Act, or \r\nany gift, grant or contribution by any other person or organization; \r\n(e) all s ums received by way of interest and profit accruing from any \r\ninvestment of monies of the said fund;  \r\n(f) all loans raised by the Board for the purpose of this Act with the prior \r\npermission of the Government; and \r\n(g) all proceeds from such other sources of income a s the Government \r\nmay, from time to time, direct to be credited to this fund. \r\n(3) All moneys at the credit of the said fund shall be kept in such custody \r\nas may be prescribed under the rules. \r\n(4) The said fund shall be administered by a suitably trained and \r\nexperienced fund manager under the supervision and control of the Board. \r\n147. Board for administration of irrigation betterment fund .− (1) There shall be \r\na Board to administer irrigation betterment fund for the purposes of this Act, which \r\nshall consist of the following five members, namely: \r\n(a) the Minister, who shall also be the Chairperson of the Board; \r\n(b) the Secretary; \r\n(c) the Secretary in-charge of the Finance Department; \r\n(d) a leading academician in any discipline relating to finance, economics, \r\nbanking and investment or any other person with a considerable \r\npractice in the said areas and a repute for integrity and \r\nprofessionalism; and \r\n(e) an accomplis hed and well -educated farmer with a repute for integrity \r\nand an illustrated career in progressive farming practices.  \r\n(2) The members mentioned at clause (d) and (e) above, shall be: \r\n(a) non-official members of the Board; \r\n(b) appointed by the Chief Minister for a term of two years on the \r\nrecommendation of the Secretary; and \r\n(c) eligible for re-employment for a second term in the like manner. \r\n(3) After affording him an opportunity to show cause as to why he shall not \r\nbe so removed, the Chief Minister may remove any non-official member before the \r\nexpiry of his term of office on the ground of misconduct or inefficiency or both. \r\n(4) The Board shall be a body corporate with perpetual succession and a \r\ncommon seal, with power to enter into contracts and acquire and hold pr operty, \r\nmovable and immovable, and shall in its corporate name, sue and be sued. \r\n(5) All properties, funds, assets and liabilities, officers and staff of the fund \r\nshall vest in the Board. \r\n148. Meetings and procedure of the Board .− (1) The Board shall meet at su ch \r\ntime and at such places, and in such manner as it may fix for this purpose. \r\n(2) The quorum for a meeting of the Board shall be three members \r\nprovided that one of such members is the Chairperson.    \r\n(3) All decisions of the Board shall be made by majorit y of votes of the \r\nmembers present and voting. \r\n(4) Every member of the Board shall have one vote, provided that the \r\nChairperson shall not vote on any matter except for breaking a tie. \r\n149. General powers of the Board.− (1) Subject to the rules, the Board shall have \r\npowers to oversee and administer irrigation betterment fund, particularly in respect of \r\nthe following matters: \r\n(a) acquisition and disposal of property and generally to enter into \r\ncontracts for the purposes of this Act; \r\n(b) fixing remuneration of its members; \r\n(c) recruitment and determination of terms and conditions of the service of \r\nfund manager, other officers and staff of the fund;  \r\n(d) to acquire, with the previous sanction of the Government, loans for the \r\npurpose of this Act; \r\n(e) to apply monies from the fund in terms of section 150; \r\n(f) setting up of committees required for carrying out the purposes of this \r\nAct; \r\n(g) delegation of any of its powers to the Chairperson, fund manager or \r\nany other officer of the fund; and \r\n(h) to frame, subject t o approval of the Government, instructions for the \r\nconduct of the business of the Board.  \r\n(2) The Board may delegate all or any of its powers to the Chairperson, \r\nfund manager or any other officer of the fund. \r\n150. Application of irrigation betterment fund .− (1) The moneys credited to the \r\nirrigation betterment fund shall not be applied for any purpose other than: \r\n(a) construction, expansion, improvement or alteration of an embankment, \r\ncanal, drain or other irrigation work; \r\n(b) carrying out of works in relation to usu al maintenance, repair or \r\nrenewing of an embankment, canal, drain or other irrigation work; \r\n(c) retirement of a loan acquired and spent by the Board or the \r\nGovernment on the construction, expansion, improvement or alteration \r\nof an embankment, canal, drain or other irrigation work; \r\n(d) investment for profitable purposes; and \r\n(e) payment of salaries and other remunerations of the members, fund \r\nmanager and other officers and staff of the fund. \r\n(2) No money credited to the irrigation betterment fund shall be applied for \r\nthe construction, expansion, improvement or alteration of an embankment, canal, \r\ndrain or other irrigation work unless: \r\n(a) five or more owners of the land likely to be benefitted from it make a \r\nwritten application to the Board for the money to be so applied giving \r\nan assurance that they along with the majority of owners of land likely \r\nto benefit from it are willing to defray t o the Board not less than half of \r\nthe said money; and \r\n(b) after due public notice in the respective revenue estates, majority of the \r\nowners of land likely to be benefitted as such record their willingness to \r\ndefray to the Board, severally and jointly, half or such higher portion of \r\nthe money so applied and in such instalments and manner as may be \r\nagreed with the Board. \r\n(3) Where a person neglects or refuses to pay any sum due against him \r\nunder this section even after expiry of three months from the date fixed for its \r\npayment, such sum shall be recovered from him as an arrear of land revenue. \r\n151. Accounts keeping and audit of irrigation betterment fund .− (1) The Board \r\nshall maintain complete, accurate and updated books of accounts in such form as \r\nmay be prescribed. \r\n(2) The accounts of the Board of shall be shall be audited in such manner \r\nas may be prescribed. \r\n(3) Copies of every audit report shall be sent to the Board and, as soon as \r\nmay be, by the Board to the Government after adding their comments on it. \r\n(4) The Board shall carry out any instruction of the Government for \r\nrectification of any objection raised in such audit report. \r\n152. Superintendence of the Board .− (1) The Board shall remain under general \r\nsuperintendence of the Government. \r\n(2) As soon as may be after the close of every financial year but not later \r\nthan the last day of the month of August next following, the Board shall submit to the \r\nGovernment for approval a report on the conduct of its affairs for that year. \r\n(3) The Chief Minister, Minister or Secretary may, at any time, require the \r\nBoard to furnish to him: \r\n(a) any return, statement, estimate, statistics or other information or report \r\nregarding any matter under the control of the Board; or \r\n(b) a copy of any document in the charge of the Board. \r\n(4) The Board shall carry out every lawful instruction of the Government \r\nwith regards to its functions under this Act. \r\n153. Chairperson and non -official members etc. to be public servants .− The \r\nChairperson and non -official members of the Board, fund manager and officers and \r\nstaff of the fund, as well as any member of a committee constituted by the Board \r\nunder section 149, shall be deemed to be a public servant wit hin the meanings of \r\nsection 21 of the Pakistan Penal Code 1860 (XLV of 1860).  \r\n154. Suspension or remission of sums due in certain cases of hardship .− (1) \r\nAn owner or, as the case may be, occupier of a land subject to any rate, charge, \r\ncontribution, penalty or any other due under this Act may apply to the Divisional \r\nCanal Officer to seek suspension of the recovery of such rate, charge, contribution, \r\npenalty or other due in whole or part for a certain period of time or to seek its \r\nremission in whole or part on any of the following grounds, namely: \r\n(a) the land owned or occupied by him has not borne a crop, or a crop \r\ngrown on it has been lost, wholly or partly, due to interruption or \r\nreduction in the water supplied to him from a canal for any reason other \r\nthan the reasons mentioned at section 59, or due to a heavy rain, \r\nhailstorm, flood, drought, pest attack or any other act of nature, or any \r\nother event which is not attributable to him; \r\n(b) the land owned or occupied by him has been eroded by a river or has \r\nbecome unculturable for any other reason. \r\n(2) In th e like manner, a person who has been allowed to use or apply \r\nwater from a canal for any purpose other than the irrigation of land, or raising of \r\norchards, trees and forest or other similar purpose, may apply to the Divisional Canal \r\nOfficer to seek suspensi on or remission of the whole or a part of any rate, charge, \r\ncontribution, penalty or other due payable by him on account of supply or application \r\nof such water under this Act, if the water supplied to him was interrupted or reduced \r\nfor any reason other than those mentioned at section 59.  \r\n(3) Where, after holding an inquiry into the matters set out in the \r\napplication, it appears reasonable to the Divisional Canal Officer, he may \r\nrecommend, that recovery of a part or whole of such rate, charge, contribution,  \r\npenalty or other due may be suspended for a certain period of time or remitted, and \r\nin case the land has become unculturable permanently, the land may be removed \r\nfrom the inventory of lands chargeable with such rate, charge, contribution, penalty \r\nor other due. \r\n(4) Where the owner or occupier of land or other irrigator is aggrieved by \r\nthe said decision of the Divisional Canal Officer, he may, within the next thirty days, \r\nmake a representation before the Collector.  \r\n(5) The said recommendation of the Divisional Canal Officer and, as the \r\ncase may be, of the Collector shall be submitted to the Secretary and: \r\n(a) where the sums to be suspended or remitted are within such limits as \r\nare fixed under the relevant rules, he may, if he considers it so \r\nexpedient, suspend or remit such sums; and \r\n(b) in other cases, submit the recommendation for approval of the \r\nGovernment and direct that such sums shall not be collected till such \r\ndecision.  \r\n155. Penalty for late payments .− Any rate, charge, fee, contribution, toll, rent, \r\npenalty or other sum which is not paid at the expiry of three months after its having \r\nbecome due, shall stand increased by three per centum and increased further at the \r\nrate of three per centum annually, or such other higher rate as the Government may, \r\nfrom time to time, fix through a notification published in the official gazette. \r\n156. Payment of rates etc. and recovery of outstanding sums .− (1) Any sum \r\ndue against a person as rate, charge, fee, contribution, toll, rent, penalty or other \r\ncharge under this Act, may be paid by him, either: \r\n(a) directly in the manner specified by the Government; \r\n(b) through an officer authorized by the Secretary to receive such rate, \r\ncharge, fee, contribution, toll, rent, penalty or other charge; \r\n(c) through a contractor engaged in terms of section 157; or  \r\n(d) through the Lambardar or any other person engaged by the Collector to \r\ncollect land revenue or any other rate in the respective estate. \r\n(2) An additional fee at such rate as may be fixed by the Government \r\nthrough a notification published in the official gazette, called the collection charges, \r\nshall be paid to the such contractor, Lambardar or, as the case may be, the person \r\nengaged by the Coll ector to collect land revenue or any other rate in the respective \r\nestate, by the person opting to pay through them. \r\n(3) Where a person neglects or refuses to pay any sum due against him as \r\na rate, charge, contribution or penalty in full by the date fixed f or its payment such \r\nsum shall be recovered from him as an arrear of land revenue. \r\n(4) Without any prejudice to the provisions of subsection (3), where the \r\nsum due relates to water rate or special charge, the Divisional Canal Officer may as \r\nwell, through a notice require the person to show cause on a day falling no earlier \r\nthan fifteen days from the date of the notice as to why his turn for obtaining canal \r\nwater shall not be removed from the village irrigation schedule or permission given to \r\nhim for the obta in canal water under section 53 shall not be withdrawn, and if no \r\nobjection is received by such day, or the objections received are invalid or \r\ninsufficient, the Divisional Canal Officer may remove his turn or withdraw the \r\npermission and his turn shall not be included in the village irrigation schedule or the \r\npermission to use canal water shall not be restored as long as he does not pay the \r\nsum due in full. \r\n157. Power to contract out collection of rates etc .− (1) Subject to the provision \r\nof any Standing Instruction, a Divisional Canal Officer may contract any person for \r\ncollection and payment to the Government or the respective fund, any rate, charge, \r\ntoll, fee, contribution or penalty under this Act. \r\n(2) When such contract has been made, the contractor may recover such \r\nrate, charge, toll, contribution or penalty due against any person under this Act, and \r\nwherever so required by a suit as though it were a debt due to him, or an arrear of \r\nrent due to him on account of the land, work, building vehicle, carriage, cart or vessel \r\nin respect of which such sum is payable, or for or in which the canal water shall have \r\nbeen supplied or used. \r\n(3) Where such contractor neglects or refuses to pay to the Government or \r\nthe fund i n full any sum collected by him under this section after expiry of three \r\nmonths from the date fixed for such payment, such sum shall be recovered from him \r\nas an arrear of land revenue. \r\nPART XVII \r\nOF TRANSPARENCY AND FAIR PLAY \r\n158. General rules of conduct of Canal Officers etc .− (1) Every Canal Officer, \r\nPatrol Officer, other officer and staff as well as any other person appointed or \r\nassigned any duty or vested with any power under this Act, shall while performing \r\nsuch duty or exercising such power: \r\n(a) act honestly and in a fair and transparent manner; \r\n(b) take due care and diligence; and  \r\n(c) not put his office or information acquired by him because of his being in \r\nsuch office to any improper use or to gain or attempt to gain, directly or \r\nindirectly, an advantage for himself or for any other person; or cause or \r\nattempt to cause, any detriment to the Government. \r\n(2) Any officer, staff or other person who knowingly acts in contravention of \r\nthe above provisions shall be guilty of misconduct within the meanings of section 2 of \r\nthe Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of \r\n2006). \r\n159. Conflict of interest and related duties .− (1) Every Canal Officer, Patrol \r\nOfficer, other officer and staff, as well as any other person appointed or assign ed \r\nany duty or vested with any power under this Act shall be deemed to have a conflict \r\nof interest in respect of a contract, proposed contract or any other matter to be \r\ndiscussed or decided by him, if: \r\n(a) in relation to that contract, proposed contract or any  other matter, he \r\nhimself or any of his immediate relatives, would receive or have a \r\nreasonable expectation of receiving, or suffer or have a reasonable \r\nexpectation of suffering, a direct or indirect pecuniary or some other \r\nbenefit, share or interest or, a s the case may be, loss or other \r\ndetriment; \r\n(b) he has professionally acted in relation to that contract, proposed \r\ncontract or any other matter on behalf of any person having therein \r\nsuch share or interest as aforesaid; or \r\n(c) he is of the opinion or could be reas onably perceived to have such \r\nopinion that the nature of his interest in the contract, proposed contract \r\nor other matter is such that it may conflict with the proper performance \r\nof his duties in respect of that contract, proposed contract or other \r\nmatter. \r\n(2) Every officer, staff and other person appointed or assigned any duty or \r\nvested with any power under this Act shall not consider or decide any contract, \r\nproposed contract or other matter in respect of which he has a conflict of interest as \r\naforesaid or participate in any such consideration or decision, and must immediately \r\ndisclose the nature of such conflict of interest to the officer to whom he is \r\nsubordinate to. \r\n(3) Any officer, staff or other person who knowingly acts in contravention of \r\nthe above provisions shall be guilty of misconduct within the meanings of section 2 of \r\nthe Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of \r\n2006). \r\n160. Register of interests .− (1) The Secretary shall cause to be maintained a \r\nregister of interests in such form and manner as may be prescribed.  \r\n(2) It shall be duty of every Canal Officer, Patrol Officer, other officer and \r\nstaff and any other person appointed or assigned any duty or vested with any power \r\nunder this Act who has a conflict of interest within the meanings of section 159 to \r\nsubmit returns on his interests for making entries in the said register at such intervals \r\nand in such form and manner as may be prescribed. \r\n(3) The Secretary shall arrange for the register of interests to be available \r\nfor inspection at his office during usual office hours at reasonable notice.  \r\n161. Code of Conduct for officers and other persons .− (1) The Government \r\nshall prescribe a Code of Conduct fo r Canal Officers, Patrol Officers, other officers \r\nand staff as well as all other persons appointed or assigned any duty or vested with \r\nany power under this Act. \r\n(2) Every Canal Officer, Patrol Officer and other officer as well as every \r\nother person appointed or assigned any duty or vested with any power under this Act \r\nshall arrange for a copy of such Code of Conduct to be available for inspection at his \r\noffice during usual office hours at reasonable notice. \r\n(3) Any officer, staff or other person who knowingly acts in contravention of \r\nsuch Code of Conduct shall be guilty of misconduct within the meanings of section 2 \r\nof the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of \r\n2006). \r\nPART XVIII \r\nOF OFFENCES AND PUNISHMENTS \r\n162. Punishment for interfering with or causing minor damage to an irrigation \r\nwork.− Whoever without proper permission or authority: \r\n(a) destroys, defaces or removes any land mark, level mark or water \r\ngauge fixed by the authority of a Canal Officer; \r\n(b) passes, or causes an animal, vehicle, carriage or cart to pass on or \r\nacross any dam, embankment or banks or channel of a canal or other \r\nirrigation work contrary to the provisions of a Standing Instruction after \r\nhe has been directed to desist therefrom; \r\n(c) causes or knowingly and willfully permits cattle to graze upon any dam, \r\nembankment, canal or other irrigation work, or tethers or causes, or \r\nknowingly and willfully permits cattle to be tethered as such, or roots up \r\nany grass or other vegetation growing on any such dam, embankment, \r\ncanal or other irrigation work, or removes, cuts or in any way injures or \r\ncauses to be removed, cut, or otherwise injured any grass or hedge \r\nintended for the protection of such dam, embankment, canal or other  \r\nirrigation work; \r\n(d) eases oneself on the banks, or in a dam, headworks or the channel of a \r\ncanal or river; \r\n(e) damages, alters or obliterates boundaries of areas in which irrigation \r\nfrom a canal is authorized by a Canal Officer; and \r\n(f) being responsible for the maintenance of a water course, neglects or \r\nrefuses to take proper precautions for the prevention of waste of the \r\nwater thereof, \r\nshall on conviction, be punished for each of such offence with fine which may \r\nextend to five thousand rupees or with imprisonment for a term which may \r\nextend to thirty days or with both, and in the case of a continuing offence, with \r\nan additional fine which may extend to five hundred rupees for every day \r\nduring which such offence continues after conviction for the first of such \r\noffence. \r\n163. Punishment for endangering the safety of an irrigation work .− Whoever \r\nwithout proper permission or authority: \r\n(a) damages, alters, enlarges or obstructs any canal, drain or other \r\nirrigation work; \r\n(b) alters, obstructs or diverts the flow of a rive r or excavates the banks of \r\na river; \r\n(c) obstructs, alters or interferes with, or increases or diminishes the \r\nsupply of water in or the flow of water from a canal or drain, or by any \r\nmeans raises or lowers the level of the water in a canal, drain or other \r\nirrigation work; \r\n(d) pierces or cuts through or attempts to pierce or cut through, or \r\notherwise to damage, destroy or endanger the stability of an \r\nembankment, canal, drain or other irrigation work; \r\n(e) opens, or attempts to open, any sluice, outlet or orifice in a can al or \r\ndrain; \r\n(f) neglects or refuses to remove any such alteration, enlargement, \r\nobstruction, interference, danger, sluice, outlet or orifice, or to make \r\ngood and restore any such piercing, cut or damage when required by a \r\nCanal Officer to do so; \r\n(g) neglects or refuses to remove any obstruction or interreference to a \r\nriver or its active flood plain when required to do so under section 77;  \r\n(h) neglects or refuses to remove or suitably alter or modify a private \r\nembankment when required to do so under section 83; and \r\n(i) up roots, cuts down, or in any other way injures or causes to be \r\nremoved, any bush or tree, growing on a dam, embankment, canal, \r\ndrain or other irrigation work, \r\nshall on conviction, be punished for each of such offence with fine which may \r\nextend to one hundred thousand rupees or with imprisonment for a term which \r\nmay extend to three years or with both, and in the case of a continuing \r\noffence, with an additional fine which may extend to five thousand rupees for \r\nevery day during which such offence continues after conviction for the first of \r\nsuch offence. \r\n164. Punishment for endangering safety of a dam or embankment .− Whoever \r\nwithout proper permission or authority pierces or cuts through or attempts to pierce \r\nor cut through, or otherwise injures, damages, destroys or endangers the stability of: \r\n(a) any listed dam; or \r\n(b) any embankment while it is holding water at such level t hat its escape \r\nis likely to inundate a large area, \r\nshall on conviction, be punished with fine which may extend to five hundred \r\nthousand rupees or with imprisonment for a term which may extend to seven \r\nyears or with both. \r\n165. Punishment for polluting or fouling  water.− Whoever pollutes or fouls the \r\nwater of any river, canal, drain or source of ground water so as to render it less fit for \r\nthe purpose for which it is ordinarily used, shall on conviction, be punished with fine \r\nwhich may extend to fifty thousand rup ees or with imprisonment for a term which \r\nmay extend to six months or with both, and in the case of a continuing offence, with \r\nan additional fine which may extend to one thousand rupees for every day during \r\nwhich such offence continues after conviction for the first of such offence. \r\n166. Punishment for unauthorized use, or interfering with any authorized use \r\nof water.− Whoever: \r\n(a) uses water of a river, canal or drain without having first obtained a \r\npermission under this Act, or in contravention of any provision of such \r\npermission, or otherwise in an unauthorized manner; \r\n(b) without proper permission or authority destroys, tampers with, or \r\nremoves, any sluice, regulator, gate, outlet or other apparatus, or part \r\nof such sluice, regulator, gate, outlet or appa ratus, used for controlling \r\nor regulating the flow of water in any river, canal or drain; \r\n(c) sells, sub -lets or otherwise transfers canal water to any other person \r\nwithout having obtained a permission under section 56 or in \r\ncontravention of any provision of such permission; \r\n(d) without proper permission or authority demolishes, tampers with, or \r\nobstructs a water course constructed under an approved village \r\nirrigation plan, or a field drain constructed in terms of section 64; \r\n(e) being responsible for the maintenance o f a water course, or a field \r\ndrain neglects or refuses to take proper precautions for the prevention \r\nof waste of water thereof, or prevents or interferes with the lawful use of \r\nsuch water course or field drain by any person authorized to use it or \r\ndeclared to be the joint owner thereof; \r\n(f) without proper permission or authority obstructs field to field irrigation \r\nfrom any canal; or \r\n(g) on being required to do so by a Canal Officer authorized in this behalf, \r\nfails to close a water course or a field drain constructe d without having \r\nfirst obtained a permission under this Act, \r\nshall on conviction, be punished for each of such offence with fine which may \r\nextend to fifteen thousand rupees or with imprisonment for a term which may \r\nextend to one year or with both, and in t he case of a continuing offence, with \r\nan additional fine which may extend to one thousand rupees for every day \r\nduring which such offence continues after conviction for the first of such \r\noffence. \r\n167. Punishment for constructing a private canal or a private drai n without \r\nprior permission .− Whoever constructs or runs a private canal or a private drain \r\nwithout having obtained an approval under section 24, shall on conviction, be \r\npunished with fine which may extend to five hundred thousand rupees or with \r\nimprisonment for a term which may extend to three years or with both, and in the \r\ncase of a continuing offence, with an additional fine which may extend to ten \r\nthousand rupee for every day during which such offence continues after conviction \r\nfor the first of such offence. \r\n168. Punishment for failure to provide assistance or to comply with lawful \r\ninstructions of a Canal Officer.− Whoever, without reasonable cause or authority: \r\n(a) neglects or refuses to allow entry upon any land, building, installation or \r\nfacility or to take into possession and lift and use earth and other \r\nmaterials, or to dig or bore into it, or to set up and maintain land -marks \r\nand water gauges, or to inspect, measure or regulate the use of water, \r\nor to cut down and clear away any part or whole of a building , fence, \r\nstanding crop or a tree under section 11; \r\n(b) neglects or refuses to assist or to continue to assist in the execution of \r\nany repair, clearance or work, when lawfully called upon to do so under \r\nsection 193; \r\n(c) neglects or refuses to provide reasonable ass istance to a Canal Officer \r\nin the discharge of his duties whenever called upon to do so under \r\nsection 196; or \r\n(d) when instructed by a Canal Officer to abstain from a certain act or other \r\nthing, or to do or undertake a certain act or other thing, which he is \r\nrequired to abstain from or to undertake or do under this Act, neglects \r\nor refuses to comply with such instruction without reasonable cause, \r\nshall on conviction, be punished for each of such offence with fine which may \r\nextend to ten thousand rupees or with imprisonment for a term which may \r\nextend to thirty days or with both, and in the case of a continuing offence, with \r\nan additional fine which may extend to one thousand rupees for every day \r\nduring which such offence continues after conviction for the first of such \r\noffence. \r\n169. Punishment for failure to comply with instruction of the unit to \r\nundertake a work for safety of a listed dam or embankment .− Notwithstanding \r\nthe provisions of section 166, where upon being instructed by the unit to undertake \r\nany work or to  do any other thing in relation to the safety of a listed dam or \r\nembankment, the owner of the listed dam or embankment neglects or refuses to \r\nundertake such work or do other thing, he shall on conviction, be punished with fine \r\nwhich may extend to one hundr ed thousand rupees or with imprisonment for a term \r\nwhich may extend to two years or with both, and in the case of a continuing offence, \r\nwith an additional fine which may extend to three thousand rupee for every day \r\nduring which such offence continues after conviction for the first of such offence. \r\n170. Punishment for obstructing or threatening a Canal Officer or other \r\nofficer in the exercise of his powers or performance of his duties .− (1) Whoever \r\nobstructs or hinders any Canal Officer, Canal Patrol or other off icer or staff, any \r\nworkman, servant or other person acting in the lawful exercise of any power vested \r\nin him or any duty imposed under this Act, shall on conviction, be punished with fine \r\nwhich may extend to twenty -five thousand rupees or with imprisonment  of either \r\ndescription for a term which may extend six months or with both, and in the case of a \r\ncontinuing offence, with an additional fine which may extend to five thousand rupee \r\nfor every day during which such offence continues after conviction for the first of \r\nsuch offence. \r\n(2) Whoever holds out any threat of injury to any Canal Officer, Canal \r\nPatrol or other officer or staff, any workman, servant or other person to induce him to \r\ndo any act or to forebear or delay to do any act in the lawful exercise of any power \r\nvested in him or any duty imposed under this Act, shall on conviction, be punished \r\nwith fine which may extend to fifty thousand rupees or with imprisonment for a term \r\nof either description which may extend to two years or with both, a nd in the case of a \r\ncontinuing offence, with an additional fine which may extend to ten thousand rupee \r\nfor every day during which such offence continues after conviction for the first of \r\nsuch offence. \r\n171. Punishment for violation of any other provision of this  Act or rules .− \r\nWhoever voluntarily and without proper authority contravenes or fails to comply with: \r\n(a) any other provision of this Act in respect of which no punishment has \r\nseparately been provided under this Part; or  \r\n(b) any provision of the rules made under this Act which requires that a \r\npunishment may be incurred for its contravention of failure to comply \r\nwith it, \r\nshall on conviction, be punished with fine which may extend to three thousand \r\nrupees or with imprisonment for a term which may extend to thirty days or with \r\nboth, and in the case of a continuing offence, with an additional fine which \r\nmay extend to one five hundred rupees for every day during which such \r\noffence continues after conviction for the first of such offence. \r\n172. Canal Officer or other person employed on canal may take offenders and \r\nmachines and apparatus into custody.− (1) Any Canal Officer, other officer or staff \r\nappointed under this Act who is in -charge of or employed on an irrigation work, may \r\nremove from the lands, buildings or other works belonging thereto, or may take into \r\ncustody without a warrant, and take forthwith to the nearest Canal Patrol or officer in-\r\ncharge of police station with a report as to the circumstances of the arrest, any \r\nperson, who in his view: \r\n(a) is concerned in an offence under section 163, 164, 165, 166 and 170; \r\nor \r\n(b) is taking precautions to conceal his presence within reasonable limits of \r\nsuch irrigation work under circumstances which afford reason to \r\nbelieve that he is taking such precautions with a view to damage it, or \r\nobstruct or otherwise interfere with its efficient working, or any of its \r\nappertaining works  or structures, or to tear, uproot, cut down or \r\notherwise injure or remove, without proper permission or authority, any \r\nmachine, appliance, contrivance or apparatus fixed by the authority of a \r\nCanal Officer or any bush, hedge and tree growing thereon. \r\n(2) In the like manner, such officer or staff may seize and remove any \r\nmachine, appliance, contrivance, or any other apparatus whatsoever concerned in \r\nsuch offence. \r\n(3) Such officer or staff may, if such person forcibly resists or attempts to \r\nevade his arrest or the seizure or removal of said machine, appliance, contrivance or \r\napparatus, use reasonable force to effect the arrest or seizure. \r\n(4) The Canal Patrol or, as the case may be, officer in -charge of police \r\nstation before whom said person is taken to, shall re-arrest him. \r\n173. Dealing with seized machines etc .− (1) Every machine, appliance, \r\ncontrivance, or other apparatus seized under section 172 shall be placed under the \r\ncustody of the Divisional Canal Officer. \r\n(2) After expiry of thirty days from the date of such seizure, the owner of \r\nsuch machine, appliance, contrivanc e, or other apparatus may make an written \r\napplication to the Divisional Canal Officer along with a solemn assurance that it will \r\nnot be used in relation to any offence under this Act, and the Divisional Canal Officer \r\nmay: \r\n(a) if he is satisfied with the assurance, return the said machine, appliance, \r\ncontrivance, or other apparatus to the owner; and \r\n(b) if he is not so satisfied or is of the view that it is being persistently used \r\nfor an offence under this Act, order that such machine, appliance, \r\ncontrivance, or other apparatus shall be forfeited to the Government. \r\n174. Punishment for abetting or attempting to commit an offence .− Whoever \r\nabets any offence punishable under this Act, or attempts to commit any such \r\noffence, shall be punished with punishment provided in the Act for such offence. \r\n175. Cognizance of offences, bails and proceedings etc .− (1) Notwithstanding \r\nanything contained in the Code of Criminal Procedure, 1898 (V of 1898) all offences \r\nunder this Act shall be bailable except those mentioned under sections 163, 164 , \r\n165, 166, 167, 169 and 170 which shall be non-bailable. \r\n(2) All offences under this Act except those mentioned under section 163, \r\n164 and 167 shall be tried summarily within the meanings of section 260 of the Code \r\nof Criminal Procedure, 1898 (V of 1898). \r\n(3) No court shall take cognizance of an offence under this Act except on a \r\ncomplaint of a Canal Officer or any other officer so authorized by the Secretary. \r\n176. Compounding of offences.− (1) After having obtained a permission from the \r\nSuperintending Canal Officer in this respect, the Divisional Canal Officer may, either \r\nbefore or after the institution of proceedings for any offence punishable under this \r\nAct or the rules made thereunder, accept from any person charged with such offence \r\nby way of composition thereof a sum not less than three quarters of the maximum \r\nfine prescribed for that offence. \r\n(2) On payment of such sum, such person, if in custody, shall be set at \r\nliberty and, if any procee dings in any court have been instituted against him in \r\nrespect of the offence, the composition shall be deemed to amount to an acquittal \r\nand no further criminal proceedings shall be taken against him in respect of such \r\noffence. \r\n(3) Nothing in the section shall apply in respect of: \r\n(a) any offence under sections 164, 167 and 170; and \r\n(b) any person who has repeatedly concerned himself with the offence to \r\nwhich the matter of composition relates to. \r\n177. Compensation to persons injured by an offence and payment of awards \r\nto informants .− (1) Where any person is fined for an offence under this Act, the \r\ncourt which imposes such fine, or which confirms in an appeal or revision a sentence \r\nof such fine, or a sentence of which such fine forms a part, may, on the request of \r\nthe Divisional Canal Officer, direct that any part of such fine may be paid: \r\n(a) by way of compensation to any person injured by such offence; \r\n(b) by way of reward to the person who brought the information of that \r\noffence to the notice of a Canal Officer. \r\n(2) Before making the said reques t, the Divisional Canal Officer shall \r\nobtain a written approval of the Superintending Canal Officer.  \r\n178. Of offences by bodies corporates .− (1) Where an offence under this Act is \r\ncommitted by a body corporate, and it is proved that such offence has been \r\ncommitted with the consent or connivance of, or is attributable to any negligence on \r\nthe part of any director, partner, manager, secretary or other officer of the body \r\ncorporate, such director, partner, manager, secretary or other officer, shall be \r\ndeemed to be  guilty of such offence along with the body corporate and shall be \r\npunished accordingly. \r\n(2) Notwithstanding anything contained in subsection (1), where the said \r\nbody corporate is a company within the meanings of the Companies Ordinance, \r\n1984 (XLVII of 1984), only the Chief Executive as defined in the said Ordinance shall \r\nbe liable under this section.  \r\nExplanation.− For the purpose of this section, a body corporate shall be \r\ndeemed to include a company registered under the Companies Ordinance, 1984 \r\n(XLVII of 1984) and a firm, association of persons and a society registered under the \r\nSocieties Registration Act, 1860 (XXI of 1860), or under the  Co-operative Societies \r\nAct, 1925 (VII of 1925). \r\n179. Saving of prosecution under any other law and recovery of certain sums \r\nand charges .− (1) No provision of this Part shall prevent any person from being \r\nprosecuted under any other law for any offence punishable under this Act, provided \r\nthat no person shall be punished twice for the same offence. \r\n(2) In the like manner, no provision of this Part shall prevent: \r\n(a) collection of any charge from a person for unauthorized use or waste of \r\nwater in addition to a ny penalty incurred by him for such use or waste \r\nunder this Part; and \r\n(b) recovery of any sum from a person as cost of removal of any \r\nobstruction to drainage under section 27 or of any unauthorized \r\ninterference or work on a river under section 78; or of restor ation or \r\nrepair of any water course under section 41 or 47; or of preparation of \r\nany record by the unit under section 71; or of enforcing any instruction \r\nof the unit under section 73; or of taking measures in respect of any \r\nabandoned dam or other work unde r section 74; or of removal of any \r\nembankment or obstruction under section 83; or of removal or custody \r\nof any work and related expenses under section 197 or 198; or of \r\nrestoration or making good of any demolished, damaged, obstructed or \r\naltered irrigation  work under section 199; or any other sum due from \r\nhim for similar reason under this Act, in addition to any penalty incurred \r\nby him for such act, work, demolition, damage, obstruction, \r\ninterference or alteration under this Part. \r\nPART XIX \r\nOF APPEALS AND REVISIONS \r\n180. Appeal against certain orders of Canal Officers .− (1) Unless otherwise \r\nprovided in this Act: \r\n(a) an appeal against any decision of the Sub -Divisional Canal Officer \r\nunder section 41, 57,140 or 141 shall lie to the Divisional Canal Officer \r\nto whom he is sub-ordinate; \r\n(b) an appeal against any decision of the Divisional Officer under section \r\n35, 39, 42, 43, 45, 53, 54, 58, 62 or 64 shall lie to the Superintending \r\nCanal Officer to whom he is sub-ordinate;  \r\n(c) an appeal against any decision of the Superintending Canal Officer \r\nunder section 46, 56 or 65 shall lie to the Review Board; and \r\n(d) an appeal against any decision under any other provision of this Act \r\nshall lie to such Canal Officer or other officer as may be prescribed \r\nunder the rules.   \r\n(2) Every appeal shall be presented within thirty days of the date of receipt \r\nof the decision by the appellant. \r\n181. Review Board and its constitution .− (1) There shall be a board to take and \r\ndecide any revision or appeal made against the decision of a Canal Officer u nder \r\nsection 180, to be called the Review Board. \r\n(2) The Review Board shall consist of the following three members, \r\nnamely: \r\n(a) an officer who has retired in a rank not less equivalent to that of a \r\nmember of the Board of Revenue or that of a Commissioner of a \r\nDivision, with an illustrated career and demonstrable experience in the \r\nadministration of the Punjab Land Revenue Act, 1967 (Act XVII of \r\n1967) and similar other laws as well as a repute for integrity, fair play \r\nand professionalism; and \r\n(b) two senior Canal Officers who have retired in a rank not less than that \r\nof a Superintending Canal Officer with an illustrated career and \r\ndemonstrable experience in matters relevant to this Act as well as a \r\nrepute for integrity, fair play and professionalism. \r\n(3) The said members shall be appointed by the Chief Minister for a non -\r\nextendable term of three years on the recommendation of the Secretary.  \r\n(4) The Review Board shall be headed by a Chairperson who shall be \r\nappointed by the Secretary from amongst the members on rotation basis for a term \r\nof one year. \r\n(5) During temporary absence of the Chairperson for any reason, the \r\nmember next due for appointment as Chairperson shall act as the Chairperson.  \r\n(6) A member shall receive such remuneration and  shall be subject to \r\nsuch terms and conditions as may be fixed under the rules. \r\n(7) After affording him an opportunity to show cause as to why he shall not \r\nbe so removed, the Chief Minister may remove any member before the expiry of his \r\nterm of office on the ground of misconduct or inefficiency or both. \r\n182. Sittings and decisions of the Review Board .− (1) The Review Board shall \r\nsit at Lahore and such other places in the Punjab as the Secretary may direct. \r\n(2) For every sitting of the Review Board, presence of the Chairperson and \r\nnot less than one member shall be necessary. \r\n(3) A decision of the Review Board shall be expressed in terms of the \r\nopinion of the majority, or if a case has been decided by the Chairperson and only \r\none of the members and there is a difference of opinion between them, the decision \r\nof the Review Board shall be expressed in terms of the opinion of the Chairperson. \r\n (4) The Review Board shall not, merely by reason of a change in its \r\ncomposition, or the absence of any member from any sitt ing, be bound to recall and \r\nrehear any witness who was given evidence, and may act on the evidence already \r\nrecorded by, or produced, before it. \r\n(5) No act or proceeding of the Review Board shall be invalid by reason \r\nonly of the existence of vacancy in it, or defect in its constitution. \r\n183. Making of revisions and related authority of the Review Board .− (1) A \r\nrevision against any decision of a Canal Officer in an appeal under section 180 shall \r\nlie to the Review Board. \r\n(2) Every revision shall be presented to the Review Board within sixty days \r\nof the date of receipt of the decision.   \r\n(3) The Review Board may call for any record pertaining to the decision \r\nand where it appears to them that the Canal Officer has, while passing the decision, \r\nexercised a jurisdiction not vested in him under this Act, or has failed to exercise a \r\njurisdiction so vested, or has acted in the exercise of his jurisdiction illegally or with \r\nmaterial irregularity, they may make such order in the case as they think fit. \r\n184. Correction of clerical and arithmetical errors .− A clerical or arithmetical \r\nmistake in any decision passed by the Review Board or a Canal Officer under this \r\nAct arising from any accidental slip or omission may, at any time, be corrected by \r\nhim either on own motion or on the application of any interested or affected person. \r\n185. Examination of record of decisions etc. by Secretary .− (1) The Secretary \r\nmay, if he considers it so expedient, call for any decision, order, or proceedings of \r\nany Canal Officer under this Act for satisfying himself as to the legality or propriety of \r\nsuch decision or order and as to the regularity of the proceedings of such Canal \r\nOfficer.  \r\n(2) Where it appears to the Secretary that any decision, order or \r\nproceedings so called for should be modified, annulled or reversed, he may refer it to \r\nthe Review Board for decision as deemed fit after hearing every interested or \r\naffected person. \r\nPART XX \r\nMISCELLANEOUS PROVISIONS \r\n186. Summoning of witnesses and documents etc .− (1) Every Canal Officer \r\nand the Review Board, for the purpose of any inquiry or other proceedings under this \r\nAct, may exercise all or any of the powers connected with summoning and \r\nexamination of witnesses and the production of documents as are conferred on th e \r\ncivil courts by the Code of Civil Procedure, 1908  (V of 1908). \r\n(2) Every such inquiry or other proceeding before a Canal Officer or the \r\nReview Board shall be deemed to be a judicial proceeding within the meaning of \r\nsection 4 of the Code of Criminal Proc edure, 1898 (V of 1898) and provisions of \r\nsections 192, 193, 219 and 288 of the Pakistan Penal Code, 1860 (XLV of 1860) \r\nshall apply to it. \r\n187. Notices how served.− (1) Service of any notice under this Act shall be made \r\nby delivering or tendering a copy thereof signed by the officer mentioned therein. \r\n(2) Whenever it may be practicable, the service of the notice shall be \r\nmade on the person therein named. \r\n(3) When such person cannot be found, service may be made on any adult \r\nmember of his family who is residing with him. \r\n(4)  If no such adult member can be found or the service is refused, the \r\nnotice may be served by fixing a copy of it on the outer door of the house and at any \r\nconspicuous place in the revenue estate or the neighbourhood in which the person \r\nordinarily dwells or carries on business; and  \r\n(5)  If such person has no ordinary place of residence or business within \r\nthe district in which the office of the officer issuing the notice is located, a notice may \r\nbe served upon him by sending a copy of such notice by post in a  registered cover \r\naddressed to such person at his usual place of residence and shall be presumed to \r\nhave been served at the time when the letter would be delivered in the ordinary \r\ncourse of post. \r\n(6) If the notice relates to a matter in which persons havin g interest are so \r\nnumerous that, in view of the officer issuing the notice, personal service on all of \r\nthem is not reasonably practicable, it may be served by delivery of a copy thereof to \r\nsuch of those persons as the officer nominates in this behalf and b y proclamation of \r\nthe contents thereof for the information of other persons interested. \r\n(7) A notice may also be served by communicating its contents through e -\r\nmail, short messaging service, voice message or any other suitable electronic means \r\nthat are for the time being in common use in the Punjab and any evidence that such \r\ncommunication has been received and viewed at the last known e -mail address, \r\ntelephone number or other electronic identification of the person intended to be \r\nserved, it shall be presumed to have been duly served upon him. \r\n188. Service of notice when a person canno t be served in ordinary manner .− \r\nA person who could not be served in the manner laid down in section 187 and whose \r\nwhereabout, e -mail address, telephone number or other electronic  identification is \r\nnot known, may be served by publishing a notice in an issue of a reputable daily \r\nnewspaper. \r\n189. Exclusion of jurisdiction of civil courts in matters within the jurisdictio n \r\nof Canal Officers.− (1) Except as otherwise provided by this Act, no  civil court shall \r\nhave jurisdiction in any matter which the Government, Minister, Secretary, a Canal \r\nOfficer, Review Board or any other officer or person is empowered by this Act to \r\ndecide, or to take cognizance of or the manner in which the Government, M inister, \r\nSecretary, Canal Officer or any other officer or person exercises any power vested in \r\nit or him by or under this Act. \r\n(2) Except as otherwise provided by this Act, no proceeding shall lie before \r\nany civil court at the instance of any party to or person interested in a matter which \r\nis, or has been, or might or ought to have been a proper subject to be brought before \r\nand decided by the Government, Minister, Secretary, a Canal Officer or other person \r\nunder this Act. \r\n190. Special procedure for acquisition of lands .− (1) Whenever any land is \r\nurgently required for the carrying out of an irrigation work or for any other purpose \r\nunder this Act, a Canal Officer, duly empowered by the Secretary in this behalf, may \r\nfor the purpose of such acquisition: \r\n(a) cause an inq uiry to be made so as to identify and set out the most \r\nsuitable alignment or placement of the work;  \r\n(b) mark out the land which, in his opinion, will be necessary to occupy for \r\nthe said work or purpose; and \r\n(c) publish a notification in every affected revenue est ate or in the \r\nneighbourhood of the work that so much of such land as is situated \r\nwithin such estate or neighbourhood has been so marked out; and \r\n(d) send a copy of such notification to the Collector of every district in \r\nwhich such land is situated for publication on such land.   \r\n(2) On receipt of such notification, the Collector shall promptly proceed to \r\nacquire such land under the provisions of the Land Acquisition Act, 1894 (I of 1894): \r\n(a) as if a declaration has been issued by the Government under section 6 \r\nof that Act; and \r\n(b) as if the Commissioner had thereupon directed the Collector to take \r\norder for the acquisition of such land under section 7 of that Act; and \r\n(c) as if the Commissioner has issued orders for summary possession \r\nbeing taken under section 17 of that Act. \r\n(3) On being put into possession of the required land, the said Canal \r\nOfficer shall forthwith proceed with the carrying out of such work or purpose. \r\n191. Local police and other authorities to assist Canal Officers .− (1) For the \r\npurpose of this Act, any Canal Officer may, when he deems it necessary to do so, \r\nseek assistance of a police officer or an officer of any other authority including those \r\nauthorities engaged in the supply of electricity, fire -fighting and rescu e and relief \r\nservices.  \r\n(2) On receiving such request, every such police officer or the officer of the \r\nother authority shall provide all reasonable assistance to the Canal Officer for the \r\npurpose of this Act. \r\n192. Certain works of urgent nature may be executed without recourse to \r\nordinary procurement procedures.− (1) Whenever it appears to a Divisional Canal \r\nOfficer that unless some work, repair or clearance is immediately executed: \r\n(a) damage may occur to an irrigation work, as to cause sudden and \r\nextensive public injury , loss  or interruption of established course of \r\nirrigation or drainage; \r\n(b) water escaping from a dam, headwork, weir, embankment, canal, drain \r\nor other irrigation work may not be stop ped or diverted as to prevent \r\nloss of life, or a sudden and extensive damage to crops, livestock and \r\nproperties or an area in general; or \r\n(c) an obstruction or deposition of material in a river, canal, drain or other \r\nirrigation work may interrupt the establish ed course of irrigation or \r\ndrainage in such a manner that it may cause an extensive public injury \r\nor loss; and \r\nlabourers, equipment, stores and other material for the proper execution of \r\nsuch work, repair or clearance cannot be obtained in the ordinary manner within the \r\ntime that can be allowed for its execution as to prevent such injury or loss, he may, \r\nwith the written permission of the Chief Engineer, by an order under his hand direct \r\nthat the provisions of this section shall apply to such work, repair or clearance, and: \r\n(a) engage any suitably resourced enlisted contractor to execute such \r\nwork, repair or clearance immediately; \r\n(b) himself hire or otherwise engage earth moving machines, motor \r\nvehicles, carts, carriages, boats and other equipment or be asts of \r\nburden and persons to labour thereat in required numbers, and \r\npurchase and use earth, stone, tree, timber, underbrush or any other \r\nmaterial or store in such quantity as is reasonably required for such \r\nwork, repair or clearance. \r\n(2) Unless otherwise directed by the Chief Engineer, only as much of the \r\nwork, repair or clearance shall be undertaken by a Divisional Canal Officer by \r\ninvoking the provisions of this section which is reasonably required to avert the \r\nlikelihood of the aforesaid sudden and extensive public injury or extensive damage to \r\nthe properties, or to restore the established course of irrigation or drainage in the \r\narea. \r\n193. Requisition of labour for carrying out urgent works .− (1) Whenever, it \r\nappears to the Divisional Canal Officer that labourers for the proper execution of a \r\nwork, repair or clearance to which provisions of section 192 have been applied \r\ncannot be obtained in the manner provided therein within the time that can be \r\nallowed for its execution as to prevent injury or loss, he may, by an order under his \r\nhand direct that the provisions of this section shall also apply to such work, repair or \r\nclearance and thereupon every able-bodied person, who holds land or resides in the  \r\ngeneral vicinity of such repair, clearance or work , shall if required to do so by such \r\nofficer or by any person authorized by him in this behalf, labour at such work, repair \r\nor clearance. \r\n(2) All persons so labouring shall be eligible to be paid at rates which shall \r\nnot be less than the usual rates for the time being paid in the neighbourhood for \r\nsimilar labour. \r\n (3) In the case of every such labourer, the payment shall continue for the \r\nwhole period during which he is, in consequence of the provisions of t his section, \r\nprevented from following his ordinary occupation. \r\n194. Power to take into possession and use materials in relation to works of \r\nurgent nature.− (1) Whenever it appears to the Divisional Canal Officer equipment, \r\nstores, earth, stones and other material required for the proper execution of a work, \r\nrepair or clearance to which provisions of section 192 have been applied cannot be \r\nobtained in the required  quantities in the ordinary manner or in the manner provided \r\ntherein within the time that can be allowed for its execution as to prevent injury or \r\nloss, he may, by an order under his hand, direct that the provisions of this section \r\nshall also apply to such work, repair or clearance, and: \r\n(a) enter upon any land or building in the general vicinity of such work, \r\nrepair or clearance, or stop any vehicle, cart, carriage, boat or beast of \r\nburden and take into possession the vehicle, cart, carriage, boat or \r\nbeast of burden or any equipment, store, e arth, stone, tree, timber, \r\nunderbrush or other material stored thereat or laden thereon, and \r\nremove and use it for the work, repair or clearing; and \r\n(b) cut down, remove and use any tree, timber or underbrush growing over \r\nit, or excavate, remove and use earth,  stones or any other material \r\nfrom any land situated in the general vicinity of such work, repair or \r\nclearance. \r\n(2) In every such case, the Divisional Canal Officer shall prepare a \r\ncomplete and accurate inventory of the equipment, stores, trees, timber, un derbrush, \r\nearth, stone and other materials taken into possession which shall be paid for at a \r\nprice not less than their usual price in the neighbourhood. \r\n(3) Any person who sustains a damage by any measure taken to give \r\neffect to the provisions of this sec tion shall be eligible to receive reasonable \r\ncompensation and may make a claim before the Collector for this purpose.  \r\n(4) Every claim received under this section shall be decided by the \r\nCollector in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894) and paid \r\nwithin one year from the day it falls due. \r\n(5) No such claim shall be admitted after the expiry of one year from the \r\ndate of occurrence of the damage complained of unless the Collector is satisfied that \r\nthe claimant had sufficient cause for not making the claim within such period. \r\n195. Payments for urgently executed works to be a sum due.− (1) All sums due \r\nas wage of a labourer, or rent of an earth moving machine, motor vehicle, cart, \r\ncarriage, boat and other equipment or beast of burden, or as cost of any store, earth, \r\nstone, tree, timber, underbrush and other materials used in relation to a work, repair \r\nor clearance under section 192, 193 or 194, shall be a sum due on the Government \r\nto:   \r\n(a) the listed contractor carrying out such work, repair or clearance; \r\n(b) the person who has laboured at such work, repair or clearance; \r\n(c) the person who has provided such motor vehicle, cart, carriage, boat or \r\nother equipment or beast of burden, or the store, earth, stone, tree, \r\ntimber, underbrush and other m aterials for such work, repair or \r\nclearance; or as the case may be; and \r\n(d) the person from whose custody such store, equipment, earth, stone, \r\ntree, timber, underbrush and other material are taken into possession \r\nand used for such work, repair or clearance; \r\n(2) Every sum due as such shall be paid within three months of the day it \r\nfalls due, and an interest at such rate as may be fixed by the Government shall be \r\npaid on any sum which remains unpaid after the expiry of such period. \r\n(3) Where no money  is available with the Divisional Canal Officer to pay \r\nany sum which is due as such, he may, with the permission of the Secretary, write to \r\nthe Treasury Officer of the district within the limits of which said work, repair or \r\nclearance was undertaken statin g the circumstance of its urgency, and thereupon \r\nthe Treasury Officer shall pay such sum. \r\n196. Duty to assist Canal Officers when called upon to do so .− (1) Every \r\nperson when called upon to do so, shall provide all reasonable assistance to a Canal \r\nOfficer in relation to any of the following matters, namely: \r\n(a) prevention of any damage to an irrigation work including in relation to \r\nthe works to which provisions of sections 192, 193 or 194 have been \r\napplied; \r\n(b) prevention of unauthorized use of canal water; \r\n(c) removal of any obstruction to a river, canal, drain or other irrigation \r\nwork;  \r\n(d) prevention and repair of any damage to an embankment, canal, drain \r\nor other irrigation work; and \r\n(e) provision of information on and apprehension of persons concerned \r\nwith an offence under this Act. \r\n(2) Whoever, without any reasonable cause, neglects or refuses to provide \r\nany assistance to a Canal Officer when called upon to do so, shall be guilty of an \r\noffence under section 168. \r\n197. Permits required to carry out works on or to use right of way of rivers, \r\ncanals and drains etc.− (1) No one shall, without having first obtained a permit from \r\nthe Canal Officer duly authorized in this behalf under the relevant Standing \r\nInstruction: \r\n(a) construct, reconstruct, remove or maintain any bridge, or lay, re -lay, \r\nremove or maintain any pipe, rope way, line of poles or any other mean \r\nthat enables crossing of persons, goods, vehicles, carts, carriages or \r\nother materials and things over, under or through a river, canal or drain \r\nor other irrigation work; \r\n(b) undertake or maintain any work that involves the use of channel, \r\nbanks, or right of way of any canal, drain or other irrigation work in any \r\nmanner other than the purpose for which these were originally \r\nundertaken or are kept; \r\n(c) install any appliance, contrivance, or apparatus, or carry out any work, \r\nor to do any other thing that causes obstruction of or interference to the \r\nflow of the river, lake, canal or drain, or its bed or banks; \r\n(d) excavate and remove earth, stone or any other material from a river or \r\nits active flood plain or the bed of a canal or a drain or otherwise from \r\nan irrigation work; \r\n(e) draw or extract water from a river or its active flood plain;  \r\n(f) use the water of any dam und er the charge of a Canal Officer or the \r\nsurface of its reservoir for any purpose other the purpose for which it is \r\noriginally held; and \r\n(g) use the force of running water in a river in any form and for any \r\npurpose. \r\n(2) All permits issued under this section shall be subject to the payment of \r\nsuch fee and such other terms and conditions as may be fixed by the Government \r\nfrom time to time. \r\n(3) Where, in view of the said Canal Officer, any such work, appliance, \r\ncontrivance or apparatus, or excavation or removal, or use of force of running water \r\nfor any purpose, or drawing of water, or use of water standing in the reservoir of a \r\ndam is, in any manner, affecting the efficient operation of the dam, canal, drain or \r\nother irrigation work, or their safety, or i s likely to bring sever harm to life and \r\nadjoining properties in general, or is causing hinderance in the proper management \r\nof the river due to change in its hydrology or other conditions, he may direct the \r\nperson who has obtained the permit to: \r\n(a) suitably alter or modify the work, appliance, contrivance or apparatus, \r\nor the manner of carrying out excavation and removal, drawing or \r\nextraction of water, or use of standing water or the force of running \r\nwater; or \r\n(b) promptly take other measures as are considered ap propriate by the \r\nsaid Canal Officer in the interest of efficient operations and safety of \r\nthe dam, canal, drain or other irrigation work, or to prevent such harm, \r\nor for the proper management of the river. \r\n(4) Where a person, ignores or fails to comply wit h the above direction, or \r\nany term or condition of the permit, the said Canal Officer may by a notice require \r\nhim to show cause on a day falling no earlier than fifteen days from the date of such \r\nnotice as to why such permit shall not be cancelled, and if no objection is received by \r\nsuch day, or the objections received are invalid or insufficient, may cancel the permit \r\nand require him to remove the work, appliance, contrivance, apparatus, or \r\ndiscontinue excavation or removal, or drawing or abstraction of wa ter, or the use of \r\nthe lake or the force of running water, by a specified date. \r\n(5) If that person fails to remove the work, appliance, contrivance or \r\napparatus, or to stop the excavation or removal, drawing or extraction of water, or \r\nthe use of standing water or the force of running water to the satisfaction of the said \r\nCanal Officer by the specified date, he may cause it to be removed or stopped at his \r\nexpense and all sums incurred shall be a sum due by the person to the said Canal \r\nOfficer, and if he does not, when called upon, make full payment, such expenses \r\nshall be recovered from him as an arrear of land revenue. \r\n(6) Nothing in this section shall apply to a private canal or a private drain. \r\n198. Custody of works carried out without  permit or other wise abandoned.− \r\n(1) A Canal Officer duly authorized in this behalf under the relevant Standing \r\nInstruction may take over the custody of any work, appliance, contrivance, apparatus \r\nor any other thing which has been carried out, installed  or otherwise used without \r\nhaving firs t obtained a permit under section 197 or which has otherwise been \r\nabandoned by its owner. \r\n(2) Thereafter, the said Canal Officer may, cause to be published in an \r\nissue of a reputable daily newspaper a notice specifying that such work, appliance, \r\ncontrivance, apparatus or other thing has been taken into his custody and is \r\navailable for sale through public auction on a date specified in that notice. \r\n(3) Where the owner of the work, appliance, contrivance, apparatus or \r\nother thing shows interest in its return to him before the date specified for public \r\nauction, the said Canal Officer may grant him a permit and make over its custody to \r\nhim if he agrees to pay the fee fixed under section 197 as well as any fine, and to \r\nabide by any other terms and conditions whic h the Government may fix for this \r\npurpose from time to time. \r\n(4) In other cases, the said Canal Officer may grant a permit and make \r\nover the custody of the work, appliance, contrivance or apparatus to the person \r\noffering highest bid if he agrees to pay suc h fee and abide by other terms and \r\nconditions fixed under section 197. \r\n(5) In addition, all expenses incurred by the said Canal Officer on safe \r\ncustody of the work, appliance, contrivance, apparatus or other thing and publication \r\nof the notice and any othe r related measures shall be borne by the person to whom \r\ncustody of the work, appliance, contrivance, apparatus or other thing is made over \r\nunder subsection (3) or, as the case may be, subsection (4). \r\n199. Dealing with damages to irrigation works .− (1) Whenever it comes to the \r\nnotice of a Divisional Canal Officer that a dam, embankment, bridge, drain, canal, \r\nsluice, outlet, or any other irrigation work has been demolished, damaged, \r\nobstructed or altered without proper permission or authority, he may , after making \r\nsuch inquiry as he may deem fit, by a notice require the person found responsible for \r\nsuch demolition, damage, obstruction or alteration to immediately restore it to its \r\noriginal condition, at his cost. \r\n(2) If that person fails to restore th e dam, embankment, bridge, drain, \r\ncanal, sluice, outlet or other irrigation work to its original condition, the Divisional \r\nCanal Officer may cause it to be so restored on his behalf. \r\n(3) All expenses incurred by the Divisional Canal Officer on such \r\nrestoration shall be a sum due by that person to the Divisional Canal Officer and if he \r\ndoes not, when called upon, make full payment, such expenses shall be recovered \r\nfrom him as an arrear of land revenue.  \r\n200. Delegation of power and duties .− (1) The Secretary may,  by a notification, \r\ndirect that all or any of the powers conferred upon him by or under this Act shall be \r\nexercised, subject to any restrictions or conditions, also by such officer sub -ordinate \r\nto him, as may be specified in the notification. \r\n(2) Subject to the previous approval of the Secretary, any Canal Officer or \r\nother officer may, by a notification, direct that all or any of the powers conferred or \r\nduties imposed on him by or under this Act, shall be exercised, subject to any \r\nrestrictions and conditions, also by such officer sub -ordinate to him, as may be \r\nspecified in the notification. \r\n(3) The provisions of this section shall not apply to any power vested in or \r\nduty imposed upon a Canal Officer in relation to which his decision is appealable in \r\nterms of section 180. \r\n201. Canal Calendar and related duties .− (1) There shall be a Standing \r\nInstruction prescribing a calendar of works and other things which shall be \r\nundertaken or done every year as a matter of routine in relation to the mainte nance \r\nand operations of dams, headworks, weirs, canals, drains and other irrigation works. \r\n(2) It shall be the duty of every Canal Officer, other officers and staff \r\nappointed under this Act to diligently adhere to the said calendar. \r\n202. Power to make rules .− (1) The Government may, from time to time, by \r\nnotification in the official gazette, make rules for carrying out all or any of the \r\nprovisions of this Act and matters connected or ancillary thereto. \r\n(2) In making any rule under this section, the Government may provide \r\nthat breach thereof shall be punishable with a fine which may extend to fifteen \r\nthousand rupees or with imprisonment for a term which may extend to thirty days or \r\nwith both, and in the case of a continuing offence, with an additional fine which may \r\nextend to one thousand rupees for every day during which such offence continues \r\nafter conviction for the first of such offence. \r\n203. Power to issue Standing Instructions .− (1) Whenever he considers it s o \r\nexpedient, the Secretary may issue Standing Instructions on general matters relating \r\nto the exercise of powers vested in and discharge of duties imposed upon the Canal \r\nOfficers, other officers, staff and other persons under this Act or generally in relat ion \r\nto their work under this Act, or for carrying out all or any of the provisions of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npowers, such Standing Instructions may provide for all or any of the following \r\nmatters, namely: \r\n(a) any matter for which a Standing Instruction is required under this Act; \r\n(b) size, description and manner of sanction and construction of outlets \r\nand water courses, allocation of water to different canals in the Punjab, \r\ninclusion and exclusion of lands from irrigation area of a canal, and \r\nsupply of canal water to irrigators; \r\n(c) the manner and procedure for assessment and collection of rates, \r\ncharges, tolls, fees, contributions, penalties and other sums imposed or \r\ndue under this Act and entering into contracts for their collection; \r\n(d) performance of duties by and trainings and examination of Canal \r\nOfficers, Patrol Officers, other officers and staff appointed under this \r\nAct; and \r\n(e) carrying out of works and engagement of services for the purpose of \r\nthis Act. \r\n(3) All Standing Instructions shall be consistent with the Act and the rules \r\nmade thereunder. \r\n(4) For the ease of reference, the Secretary may cause the relevant \r\nStanding Instructions to be compiled in the form of various manuals and published. \r\n204. Indemnity for acts done in good faith .− (1) No suit, prosecution or other \r\nproceedings shall lie against any Canal Officer, Patrol Officer, any other officer or \r\nstaff, or any other person in respect  of anything which is in good faith done or \r\nintended to be done by him in pursuance of this Act or any rules, Standing \r\nInstruction or order made thereunder. \r\n(2) No suit or other legal proceedings shall lie against the Government, \r\nany Canal Officer, Patrol Officer, other officer or staff, or any other person in respect \r\nof any damage caused or likely to be caused by anything which is in good faith done \r\nor intended to be done in pursuance of this Act or any rules, Standing Instruction, \r\norders or other instructions made, issued or passed under it. \r\n205. Repeals and savings.− (1) The Canal and Drainage Act, 1873 (VIII of 1873)  \r\nand the Punjab Soil Reclamation Act, 1952 (XXI of 1952) are hereby repealed. \r\n(2) Save as otherwise provided in this Act, repeal of the Ca nal and \r\nDrainage Act, 1873 (VIII of 1873)  and the Punjab Soil Reclamation Act, 1952 (XXI of \r\n1952) shall not affect:  \r\n(a) any right, privilege, obligation or liability acquired, accrued or incurred \r\nunder it; \r\n(b) any penalty, forfeiture or punishment incurred in respect of any offence \r\ncommitted against it; and \r\n(c) any investigation, legal proceeding or remedy in respect of any such \r\nright, privilege, obligation, liability, penalty, forfeiture or punishment as \r\naforesaid, and any such investigation, legal pro ceedings or remedy \r\nmay be instituted, continued or enforced and any such penalty, \r\nforfeiture and punishment may be imposed as if it has not been so \r\nrepealed.  \r\n(3) Notwithstanding its repeal, anything done or any action taken under the \r\nPunjab Canal and Drainage  Act, 1873 (VIII of 1873)  and the Punjab Soil \r\nReclamation Act, 1952 (XXI of 1952), including: \r\n(a) every rule, manual, code, notification, order, direction or instruction \r\nmade, issued, passed or saved under it; \r\n(b) every legal proceeding or notice initiated, made or saved under it; \r\n(c) every license, concession, permission or right conferred or saved under \r\nit; \r\n(d) every appointment made or saved under it; \r\n(e) every tax, fee, rate, toll or other charge or sums of money assessed, \r\nimposed, collected or due to the Government under it;  \r\n(f) every irrigation scheme or other work drawn up, contracted, executed \r\nor maintained under it; \r\n(g) every instrument or contract executed under it; and \r\n(h) allocation of water to various canals, share of irrigators and ir rigation \r\nareas settled under it. \r\nwhich so  far as is in force at the commencement of this Act and not \r\ninconsistent with the provisions of this Act, shall be deemed to have been done or \r\ntaken under this Act unless previously altered, modified, cancelled, suspended, \r\nsurrendered, withdrawn or superseded, as the case may be, under this Act. \r\n206. Act to override other laws .− The provisions of this Act shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n207. Removal of difficulties .− If any difficulty arises in giving effect to the \r\nprovisions of this Act, the Government may, by an order pu blished in the official \r\ngazette, make such provisions or give such directions, not inconsistent with the \r\nprovisions of this Act, as appears to it to be necessary or expedient for removing the \r\ndifficulty.",
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