THE CANAL AND DRAINAGE ACT, 1873

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THE CANAL AND DRAINAGE ACT, 1873 
(VIII of 1873) 
CONTENTS 
PART I 
PRELIMINARY 
1. Short title – Local extent 
2. Repealed 
3. Interpretation-clause 
4. Power to appoint officers 
4-A. Organizations of Farmers 
PART II 
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES 
5. Notification to issue when water -supply is to  be applied for public 
purposes 
6. Powers of Canal Officer 
7. Notice as to claims for compensation 
8. No compensation to be awarded for any damage 
9. Repealed 
10. Repealed 
11. Abatement of rent on interruption of water-supply 
12. Enhancement of rent on restoration of water-supply 
13. Repealed 
PART III 
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS 
14. Power to enter and survey, etc 
14-A. Irrigation Schemes 
14-B. Development schemes 
15. Power  to  enter  for  repairs  and  to  prevent  accidents  Compensation  
for damage to land 
16. Construction and improvement of a water-course 
17. Government to provide means of crossing canals 
18. Persons  using  water -course  to  construct  works  for  pass ing  water  
across roads, etc 
19. Adjustment of claims between persons jointly using water-course 
20. Supply of water through intervening water -courses or change of source 
of water supply 
20-A. Special powers of Divisional Canal Officer to initiate cases under 
section 20 
20-B. Cutting of supply for any land not being irrigated at site 
20-C. Revision 
21. Application for acquisition of land and construction works thereafter 
22. Procedure of Canal Officer thereupon 
23. Application for transfer of existing water course 
24. Liability to acquisition 
25. When applicant may be placed in occupation 
26. Appeal against awards and review 
27. Collector, Executive District Officer (Revenue)  and Canal Officer to have 
powers of Civil Courts, etc 
28. Expenses to be paid by applicant before receiving occupation 
29. Conditions binding on applicant placed in occupation 
30. Repealed 
PART IV 
OF THE SUPPLY OF WATER 
31. In absence of written contract, water-supply to be subject to rules 
32. Conditions as to 
32-A. Non-payment of charges 
PART V 
OF WATER-RATES 
33. Liability for unauthorized use of water from canal or water-course 
34. Liability when water runs to waste 
35. Appeals and revisions 
36. Charge on occupier for water, how determined 
37. Owner’s rate 
38. Amount of owner’s rate 
39. Owner’s rate, when not chargeable 
40. Repealed 
41. Repealed 
42. Repealed 
43. Repealed 
44. Water-rate by whom payable when charged on land held by several 
owners 
45. Certified dues recoverable as arrears of land-revenue 
46. Power to contract for collection of canal-dues 
46-A. Agreement with Organization of Farmers 
47. Lambardars may be required to collect canal-dues 
48. Fines excluded from sections 45, 46, 47 
PART VI 
OF CANAL-NAVIGATION 
49. Detainer of vessels violating rules 
50. Recovery of fines for offences in navigating canals 
51. Power to seize and detain vessel on failure to pay charges 
52. Power to seize cargo or goods, if charges due thereon are not paid 
53. Procedure for recovery of such charges after seizure 
54. Procedure in respect of vessels abandoned and goods unclaimed 
PART VII 
OF DRAINAGE 
55. Power to prohibit obstructions or order their removal 
56. Power to remove obstructions after prohibition 
57. Preparation of Schemes for works of improvement 
58. Powers of persons employed on such schemes 
59. Rate on land benefited by works 
59-A. Prohibition and contr ol regarding the discharge of effluent into canal 
and drainage works 
60. Recovery of rate 
61. Disposal of claims to compensation 
62. Limitation of such claims 
62-A. Management of sub-soil water 
63. Omitted 
PART VIII 
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS 
64. Power to prescribe number of labourers to be supplied by persons 
benefited by canal 
65 Procedure for obtaining labour for works urgently required 
66. Omitted 
PART IX 
OF JURISDICTION 
67. Jurisdiction 
68. Settlement of disputes 
68-A. Power to restore interrupted supply 
69. Enquiry proceedings 
PART X 
OF OFFENCES AND PENALTIES 
70. Offences under the Act 
70-A. Compensation to persons injured 
71. Saving of prosecution under other laws 
72. Omitted 
73. Power to arrest without warrant 
73-A. Cognizance 
74. Definition of “Canal” 
PART XI 
OF SUBSIDIARY RULES 
75. Power to make, alter and cancel rules 
 
SCHEDULE 
1. Repealed 
TEXT 
1
THE CANAL AND DRAINAGE ACT, 1873 
(VIII of 1873) 
[15th February, 1873] 
An 
Act 
to regulate Irrigation, Navigation and Drainage 
2
[* * *]. 
Preamble.– WHEREAS, throughout the territories to which this Act extends,  
3
[the 
Provincial Government] is entitled to use and control for public purposes the water of 
all rivers and streams flowing in natural cha nnels, and of all lakes 
4
[,sub-soil water] 
and other natural collections of still water; and whereas it is expedient to amend the 
law relating to irrigation, navigation and drainage in the said territories; 
It is hereby enacted as follows:– 
PART I 
PRELIMINARY 
1. Short title .– This Act may be called “The 
5
[* * *] Canal and Drainage Act, 
1873”: 
Local extent.– It extends to 
6
[the Punjab] 
7
[.] 
8
[*  *  *] 
                                                           
1For statement of objects and reasons, see Gazette of India, 1872, Pt. V, p. 651; for Reports of Select Committee, see ibid., p. 
747 and ibid., Supplement 1873, p. 223; for Pro ceedings in Council, see ibid., Supplement, pp. 919, 956 and 1081; ibid., 1873, 
Supplement, pp. 154, 156, 223, 246 and 279. 
This act was published in the Gazette of India, dated 15.2.1873, pages 56-67. 
2The words “Northern India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and 
published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Pages 223 -283, see Article 3 and the Schedule, at entry 
No.48. 
3
Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in 
the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
4Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965); and published in the Gazette 
of West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.2. 
5The words “Northern India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and 
published in the Gazette of P akistan (Extraordinary), dated 28.3.1949, Pages 223 -283, see Article 3 and the Schedule, at entry 
No.48. 
6
Substituted for the words “West Punjab” by the Federal  Laws (Revision and Declaration) Act, 1951 (XXVI of 1951) ; and 
published in the Gazette of Pakis tan (Extraordinary) dated 12.5.1951, pages 340-388, s.8, which had been substituted for the 
words “the territories [which on the 11th February, 1873, were] respectively under the Govt. of the Lieutenant -Governors of the 
North-Western Provinces and the Punj ab and under the Administration of the Chief Commissioners of Oudh and the Central 
Provinces” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of 
Pakistan (Extraordinary), dated 28.3.1949, pages 223-283, Schedule The bracketted words substituted for “for the time being” by 
the Government of India (Adaptation of  Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 
1.4.1937, pages 75-344, see Article 3 & Schedule I. 
7The semi colon occurring after the words “the Punjab” substituted by a full stop , by the Canal and Drainage  (Amendment) Act 
2006 (XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.2. 
9
[* * * * * * * * * * * *   ] 
10
[2.  Repeal of Acts.– *  * * * * * * * *   ] 
3. Interpretation-clause.– In this Act– unless there be something repugnant in 
the subject or context— 
(1) “Canal” includes– 
(a) all canals, channels
11
[, tube -wells] and reservoirs constructed, 
maintained or controlled  by 
12
[the Provincial Government] for the 
supply or storage of water; 
(b) all works, embankments, structures, supply and escape-channels 
connected with such canals, channels or reservoirs; 
(c) all water-courses as defined in the second clause of this section; 
(d) any part of a river, stream, lake or natural collection of wate r, or 
natural drainage-channel, to which the 
13
[Provincial Government] 
has applied the provisions of Part II of this Act 
14
[:] 
15
[* * * * * * * * * * *   ] 
(2) “Water-course” means any channel which is supplied with water from 
a canal, but which is not mainta ined at the cost of 
16
[the Provincial 
Government], and all subsidiary works belonging to any such channel; 
(3) “Drainage-work” includes escape-channels from a canal, dams, weirs, 
embankments, sluices, groins and other works for the protection of 
lands from  flood or from erosion , formed or maintained by 
17
[the 
                                                                                                                                                                                      
8The expression “and applies to all lands, whether permanently settled, temporarily settled, or free from revenue” omitted by the 
Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in the Punjab Gazette (Extraordinary), w.e.f. 
6.11.2006, pages 1575-1582, s.2. 
9
Commencement clause repealed by the Repealing Act, 1874 (X of 1874). 
10Repealed by the Repealing Act, 1873 (XII of 1873), s. 1 and Sch., Pt. II. 
11
Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 965); and published in the Gazette 
of West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.3. 
12
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary ), dated 1.4.1937, pages 75 -344, see Article 3 & Schedule I.  ; and published in 
the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
13
Substituted for the words “Local Government” by the Government of India (Adapta tion of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
14
Substituted for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of 2 006); and published in the Punjab 
Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.3. 
15Omitted ibid., for the  t he comma , colon and the words  “but does not include a Kareze not constructed at the cost of the  
Provincial Government or the contribution of the Provincial Government in the construction whereof does not  exceed  rupees ten 
thousands, and not maintained or controlled by the Provincial Government:” which was inserted through the Canal and Drainage 
Extension Act, 1964 (XXIV of 1964); and published in the Gazette of West Pakistan, dated 11.4.1964, pages 1207 -E to 1207-F , 
s.3  
16
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
17Substituted ibid. 
Provincial Government] under the provisions of Part VII of this Act, but 
does not include works for the removal of sewage from towns; 
(4) “vessel” includes boats, rafts, timber and other floating bodies; 
18
[(4A) “Chief  Engineer” means a Chief Engineer declared by the Provincial  
Government under section 4:] 
19
[(4B) “Deputy  Collector”  means  an  officer  appointed  as  such  by  the  
Provincial Government:] 
20
[(5) “Executive District Officer (Revenue) ” means an Executive District 
Officer (Revenue) of a district and includes an officer appointed under 
this Act to exercise all or any of the powers of the Executive District 
Officer (Revenue):] 
21
[(6) “Collector” means the Head Revenue Officer of a district and i ncludes 
an officer  appointed  under  the  Act  to  exercise  all  or  any  of  the  
powers  of  a Collector:] 
(7) “Canal Officer” means an officer appointed under this Act to exercise 
control or jurisdiction over a canal or any part thereof; 
“Superintending Canal Officer” means an officer exercising general 
control over a canal or portion of a canal; 
“Divisional Canal Officer” means an officer exercising control over a 
division of a canal; 
“Sub-Divisional Canal Officer” means an officer exercising control 
over a sub-division of a canal; 
22
[(8) “district” shall have the same meanings as are assigned to this word in 
the Punjab Local Government Ordinance, 2001 (XIII of 2001):] 
23
[(9) “Canal Outlet” means a work which passes water from a canal, 
including a tube -well, to a water course and is constructed, maintained 
or controlled by Government 
24
[:] 
 25
[* * *] 
(10) “Internal Khal” means any channel supplied with water from a water -
                                                           
18
by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in the Punjab Gazette (Extraordinary), w.e.f. 
6.11.2006, pages 1575-1582, s.3. 
19
Inserted ibid. 
20
Substituted ibid. 
21Substituted ibid. 
22Substituted ibid. 
23
Added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1 975); and published in the Punjab Gazette 
(Extraordinary) dated 3.4.1975, pages 267-282, s.2. 
24
Substituted for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab 
Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.3. 
25
The word “and” omitted ibid. 
course for watering fields 
26
[:] 
27
[(11) “Organization of Farmers” means an Organization of Farmers 
established under this Act and includes any other similar organization 
established by the Provincial Government or any of its agencies under 
any law for the time being in force; and] 
 28
[(12) “prescribed” means prescribed by the rules made under this Act.] 
4. Power to appoint officers .– The 
 29
[Provincial Government], may from time to 
time declare, by notification in the official Gazette, the officers by whom, and the local 
limits within which, all or any of the powers or duties hereinafter conferred or imposed 
shall be exercised or performed. 
All officers mentioned in section three, clause (7), shall be respectively subject 
to the orders of such officers as the 
30
[Provincial Government] from time to time 
directs. 
31
[4-A. Organizations of Farmers .– (1) The Provincial Government may constitute 
an Organization  of Farmers comprising the local cultivators on a water -course, a 
group of water-courses or a distributary or a part thereof. 
(2) The Provincial Government may entrust any of the functions of Canal  
Officer under this Act to such an Organization. 
(3) The Provincial Government may frame rules for the formation, 
operation, functions, jurisdiction and all other related matters of the Organizations of 
Farmers.] 
PART II 
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES 
5. Notification to issue when water -supply is to be applied for public 
purposes.–  Whenever it appears expedient to the 
32
[Provincial Government] that the 
water of any river or stream flowing in a natural channel or of any lake or other natural 
collection of still water, 
33
[or any  sub -soil water,] should be applied or used by 
34
[the 
                                                           
26
Substituted ibid, for the full-stop. 
27
Inserted ibid. 
28Inserted ibid. 
29Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
30
Ibid. 
31
Added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette 
(Extraordinary) dated 3.4.1975, pages 267 -282, s.2, and then substituted by the Canal and Drainage  (Amendment) Act 2006 
(XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582. 
32
Substituted for the words “Local Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
33
Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII  of 1965); and published in the 
Gazette of West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.4. 
34
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
Provincial Government] for the purpose of any  existing or projected canal or 
drainage-work, the  
35
[Provincial Government] may, by notification in the official 
Gazette, declare that the said water will be so applied or used after a day to be 
named in the said notification, not being earlier than three months from the date 
thereof. 
6. Powers of Canal Officer.– At any time after the day so named, any Canal 
Officer, acting  under the orders of the 
36
[Provincial Government] in this behalf , may 
enter on any land and remove any obstructions, and may close any channels, and do 
any other thing necessary for such application or use of the said water. 
7. Notice as to claims for com pensation.– As soon as is practicable after the 
issue of such notification, the Collector shall cause public notice to be given at 
convenient places, stating that 
37
[the Provincial Government] intends to apply or use 
the said water as aforesaid, and that cl aims  for compensation in respect of the 
matters mentioned in section eight may be made before him. 
38
[8. No compensation to be awarded for any damage .– (1) No compensation 
shall be awarded for any damage caused by– 
(a) stoppage or diminution of percolation of water or floods; 
(b)  deterioration of climate or soil; 
(c) stoppage of navigation, or of means of drifting timber or watering cattle;  
(d) displacement of labour; 
(e) stoppage or diminution of supply of water through any natural channel 
to any defined  artificial channel, whether above or underground, in use 
whether constantly or at intervals at the date of the said notification; 
(f) stoppage or diminution of supply of water to any work erected for 
purposes of profit on any channel, whether natural or a rtificial, in use at 
the date of the said notification; 
(g) stoppage or diminution of supply of water through any natural channel 
which has been used for purposes of irrigation, whether constantly or at 
intervals, before the date of the said notification; 
(h) interference with any right to a watercourse or the use of any water to 
which any person is entitled under the Limitation Act, 1908, Part IV. 
                                                                                                                                                                                      
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
35Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
36
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
37
Substituted ibid., for the word “Government”, see Article 3 & Schedule I. 
38Substituted section 8 by the Canal and Drainage (Amendment) Act, 1952 (XIV of 195 2); and published in the Punjab Gazette 
(Extraordinary), dated 4.2.1952, pages 107-108, s.2. 
(2) No right in respect of any of the matters referred to in clauses (a), (b) 
and (c)  of subsection (1) shall be acquired as against the Government under the 
Limitation Act, 1908, Part IV; and no right to any such supply of water as is referred to 
in clauses (e), (f) and (g) of subsection (1), in respect of work or a channel, as the 
case may be, not in use at the date of the notification shall be acquired, as against 
the Government, except by grant or under the Limitation Act, 1908, Part IV.] 
39
[9. * * * * * * * * * * * *   ] 
40
[10. * * * * * * * * * * * *   ] 
11. Abatement of rent on interruption of water -supply.– Every tenant holding 
under an unexpired lease, or having a right of occupancy, who is in occupation of any 
land at the time when any stoppage or diminution of water -supply, 
41
[* * *], takes 
place, may claim an abatement of the rent previously payable by him for the said 
land, on the ground that the interruption reduces the value of the holding. 
12. Enhancement of rent on restoration of water -supply.– If a water -supply 
increasing the value of such holding is afterwards restored to the said land, the rent of 
the tenant may be enhanced, in respect of the increased value of such land due to 
the restored water -supply, to an amount not exceeding that at which it stood 
immediately before the abatement.  
 Such enhancement shall be on account only of the restored water -supply, 
and shall not affect the liability of the tenant to enhancement of rent on any other 
grounds. 
42
[13. * * * * * * * * * * * * * *   ] 
PART III 
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS 
14. Power to enter and survey, etc .– Any Canal Officer or oth er person acting  
under the general or special order of a Canal Officer,  
 may enter upon any lands adjacent to any canal, or through which any canal is 
proposed to be made, and undertake surveys or levels thereon; 
 and dig and bore into the sub-soil; 
 and make and set up suitable land-marks, level-marks, and water-gauges; 
 and do all other acts necessary for the proper prosecution of any enquiry 
relating to any existing or projected canal under the charge of the said Canal Officer; 
                                                           
39
Omitted ibid., s.3. 
40Omitted ibid., s.3. 
41
The words, “in respect of which compensation is allowed under section 8”, omitted ibid., s.3. 
42Substituted section 8, by the Canal and Drainage (Amendment) Act, 1952 (XIV of 1952); and published in the Punjab Gazette 
(Extraordinary), dated 4.2.1952, pages 107-108, s.3. 
Power to clear land .– and, where otherwise such enquiry cannot be 
completed, such officer or other person may cut down and clear away any part of any 
standing crop, fence or jungle; 
Power to inspect and regulate water -supply.– and may also enter upon 
any land, building or water -course on account of which any water -rate is chargeable, 
for the purpose of inspecting or  regulating the use of the water supplied, or of 
measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all 
things necessary for the proper regulation and management of such canal: 
Notice of intended entry into houses.– Provided that, if such Canal Officer 
or person proposes to enter into any building or enclosed court or garden attached to 
a dwelling- house not supplied with water flowing fr om any canal, he shall previously 
give the occupier of such building, court or garden at least seven days’ notice in 
writing of his intention to do so. 
Compensation for damage caused by entry .– In every case of entry under 
this section, the Canal Officer s hall, at the time of such entry, tender compensation 
for any damage which may be occasioned by any proceeding under this section; and 
in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith 
refer the same for decision by the Collector, and such decision shall be final. 
43
[14-A. Irrigation Schemes .– (1) Whenever it appears necessary to the Provincial 
Government to start a project, for which the survey has been conducted under 
section 14, to provide water channels for the irrigat ion purpose, it may cause to be 
drawn the scheme for the layout of water-courses. 
(2) The scheme shall be published and if no objection is received within 
one month of such publication, it shall become final and be binding on all the persons 
accepting water under the scheme. 
(3) The Divisional Canal Officer shall entertain and decide the objections, 
after such enquiry as he may deem necessary, and his decision shall be final and 
binding on all the persons receiving water under the scheme. 
(4) A person accep ting the supply of water under the scheme shall be 
bound to allow the use of his land for the construction of the water -courses according 
to the final layout of the scheme.] 
44
[14-B. Development schemes .– (1) The Provincial Government may plan and 
implement a scheme for development, rehabilitation or improvement of a canal. 
(2) The Provincial Government may levy special charges on the irrigators 
and other water users of the canal to meet the whole or part of the expense incurred 
on a scheme under subsection (1).] 
                                                           
43
Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.5. 
44Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punja b Gazette (Extraordinary), 
dated: 23 February 2016, pp. 3971-3973 s.2. 
15. Power to enter for repairs and to prevent accidents .– In case of any 
accident happening or being apprehended to a canal , any Divisional Canal Officer or 
any person acting  under  his  general  or  special  orders  in  this  behalf  may  enter  
upon  any  lands adjacent to such canal, and may execute all works  
45
[, including 
digging and removing earth,] which may be necessary for the purpose of repairing or 
preventing such accident. 
Compensation for damage to land .– In every such case such , Canal Officer 
or person shall tender compensation to the proprietors or occupiers of the said lands 
for all damage done to the same. If such tender is not accepted, the Canal Officer 
shall refer the matter to the Collector, who shall proceed to award compensation for 
the damage as  though the 
46
[Provincial Government] had directed the occupation of 
the lands under section Forty-three of the 
47
Land Acquisition Act, 1870. 
16. 
48
[Construction and improvement of a water -course].– Any persons 
desiring to use the water of an y canal, may apply in writing to the Divisional or Sub -
Divisional Canal Officer of the division or  sub -division of the canal from which the 
water-course is to be supplied, requesting such officer to construct  or improve a 
water-course at the cost of the applicants. 
Contents of application .– The application shall state the works to be 
undertaken, their appropriate estimated cost, or the amount which the applicants are 
willing to pay for the same, or whether they engage to pay the actual cost as settled 
by the Divisional Canal Officer, and how the payment is to be made. 
Liability of applicants for cost of works .– When the assent of the  
49
[Canal 
Officer authorized in this behalf by Provincial Government] is given to such 
application, all the applicants shall, after  the application has been duly attested 
before the Collector, be jointly and severally liable for the cost of such works to the 
extent mentioned therein. 
Recovery of amount due .– Any amount becoming due under the terms of 
such application, and not pa id to the Divisional Canal Officer, or the person 
authorized by him to receive the same, on or before the date on which it becomes 
due, shall, on the demand of such officer, be recoverable by the Collector as if it were 
an arrear of land revenue. 
17. Government to provide means of crossing canals .– There shall be 
                                                           
45
Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.6. 
46Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
47
X of 1870, subsequently replaced by the Land Acquisition Act, 1894 (I of 1894). 
48
Substituted for the words “Application by persons desiring to use the canal-water” by the Canal and Drainage (Amendment) Act 
2006 (XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.7. 
49
Substituted for the words “Superintending Canal Officer”, by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 
1962); and published in the Gazette of West Pakistan (Extra ordinary), dated 2.6.1962, pages 2195 -2200, Section 3(2) and 
Schedule II. 
provided, at the cost of  
50
[the Provincial Government] , suitable means of crossing 
canals constructed or maintained at the cost of  
51
[the Provincial Government], at such 
places as  the 
52
[Provincial Go vernment] thinks necessary for the reasonable 
convenience of the inhabitants of the adjacent lands. 
 
53
[Five or  more  inhabitants  of  such  lands  may  make  an  application  to  the 
Divisional  Canal Officer to the effect that suitable crossing may be pr ovided on any 
canal. 
 The Divisional  Canal  Officer  shall  forthwith  forward  the  application  to  the 
Collector who shall cause an enquiry to be made into the circumstances of the case, 
and if he thinks that the statement is  established, he shall rec ord his opinion thereon 
for the consideration of the Provincial Government, and the Provincial Government 
shall cause such measure in reference thereto to be taken as it deems fit.] 
18. Persons using water-course to construct works for passing water across  
roads, etc.– The Divisional Canal Officer may issue an order to the person using any 
water-course to construct suitable bridges, culverts or other works for the passage of 
the water of such  water-course across any public road, canal or drainage -channel in 
use before the said water- course was made, or to repair any such works.  
If they fail, Canal Officer may construct .– Such order shall specify a 
reasonable period within which such construction or repairs shall be completed; 
and if, after the receipt of s uch order, the persons to whom it is addressed do 
not, within the said period , construct or repair such works to the satisfaction of the 
said Canal Officer, he may, with the previous approval of the Superintending Canal 
Officer, himself construct or repair the same; 
and recover cost.– and if the said persons do not, when so required, pay the 
cost of such construction or repairs as declared by the Divisional Canal Officer, the 
amount shall, on the demand of the Divisional Canal Officer, be recoverable from 
them by the Collector, as if it were an arrear of land-revenue. 
19. Adjustment of claims between persons jointly using water-course.– If any 
person, jointly  responsible with others for the construction or maintenance of a water-
course, or jointly making use of a water-course with others, neglects or refuses to pay 
his share of the cost of such construction or maintenance , or to execute his share of 
any work necessary for such  construction  or  maintenance,  the  Divisional  or  Sub -
Divisional  Canal  Offic er,  on receiving an application in writing from any person 
injured by such neglect or refusal, shall serve notice on all the parties concerned that, 
on the expiration of a fortnight from the service, he will investigate the case, and shall, 
                                                           
50
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
51Substituted ibid. 
52
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
53Substituted by the Canal and Drainage (Ame ndment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.8. 
on the expirat ion of that period, investigate the case accordingly, and make such 
order thereon as to him seems fit.  
Such order shall be appealable to the  
54
[Executive District Officer (Revenue) ], 
whose order thereon shall be final. 
Recovery of amount found due.– Any sum directed by such order to be paid 
within a specified period may, if not paid within such period, and if the order remains 
in force, be recovered by the Collector from the person directed to pay the same, as if 
it were an arrear of land-revenue. 
55
[20. Supply of water through intervening water -courses or change of source 
of water supply.– (1) Whenever an application is made to a Divisional Canal Officer 
for the supply of water from a canal through an existing or a new water -course or 
change of source  for  water  supply  of  any  land,  the  Divisional  Canal  Officer,  if  
considers  it appropriate, shall– 
(a) give public notice to all persons interested and personal notice to the 
land- owners through whose land a link water-course is to pass, to show 
cause on a day not less than fourteen days from the date of such notice 
why the said supply should not be so conveyed, or the source of supply 
be changed; 
(b) after making a public enquiry, the Divisional Canal Officer shall 
determine, whether and on what condi tions the said supply shall be 
conveyed through such water -course or that the  source  of water 
supply shall be changed or the link water -course shall be aligned and 
constructed; and 
(c) subject to policy instructions of the Provincial Government, pass suc h 
order as he deems fit. 
(2) The Divisional Canal Officer shall, within fifteen days of passing the 
order, send the record of the case to the Superintending Canal Officer for further 
proceedings. 
(3) A person aggrieved by the order passed under sub -section (1) may file 
objections with the Superintending Canal Officer within thirty days of the passing of 
such order. 
(4) The Superintending Canal Officer, at his own or on the objections, shall 
pass such order as he deems fit within ninety days from the receipt  of the record or 
receiving of the objections. 
(5) In case no objections are filed and the Superintending Canal Officer 
fails to pass an order within ninety days, the order of the Divisional Canal Officer shall 
                                                           
54
Substituted for the word “Commissio ner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in 
the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.9. 
55Substituted the original section 20  by the Canal and Drainage (Punjab Amendment) Act, 1975 (XX XII of 1975); and published 
in the Punjab Gazette (Extraordinary) dated 3.4.1975, pages 267 -282, s.4, and then by the  Canal and Drainage (Ame ndment) 
Act 2006 (XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.10. 
be deemed to have been confirmed and the reco rd shall be sent back to the 
Divisional Canal Officer. 
(6) The order passed or confirmed under this section shall be final and 
binding on the applicant, the persons responsible for the maintenance of the said 
water-course, all the persons affected by the c hange of source of water supply and 
the land-owners through whose land the link water-course shall pass. 
(7) The applicant shall not be entitled to use the said water -course until he 
has paid the expenses of alteration of such water -course necessary in ord er to his 
being supplied through it, and also such share of the first cost of such water -course 
as the Divisional or Superintending Canal Officer may determine. 
(8) The applicant shall not be entitled to use the link-water-course, until– 
(a) he has paid to  the land-owner the compensation for the land occupied 
by such link   water -course  in  whatever  shape  if  it  is  determined  
through  mutual agreement; or 
(b) possession of land for the said link water -course has been acquired 
under the provisions of this Act. 
(9) The applicant shall also be liable for his share of cost of maintenance of 
the water-course as long as he uses it.] 
56
[20-A. Special powers of Divisional Canal Officer to initiate cases under 
section 20.– Whenever Government considers it expedi ent for a specific purpose to 
empower a Divisional Canal Officer to undertake proceedings under section 20 on his 
own initiative, it may confer such a power by a general or special order issued in that 
behalf. 
20-B. Cutting of supply for any land not being  irrigated at site .– Whenever, on 
an application or otherwise, the Divisional Canal Officer considers it expedient to 
terminate the water -supply of any land which cannot be used for agriculture or has 
become unirrigable, he shall give notice of not less th an fourteen days to the land  
owners and the persons responsible for the maintenance of the water -course through 
which such supply is conveyed, to show cause why such supply should not be cut off, 
and after making enquiry, the  said Canal Officer may pass o rders to stop the 
complete or partial supply of water. 
(2) After the expiry of thirty days of the announcement of the decision by 
the Divisional Canal Officer, if no objection is received and after giving due 
opportunity of hearing, if any objection is rec eived, the Superintending Canal Officer 
may confirm or modify it. The decision of the Superintending Canal Officer shall be 
final and binding on the parties concerned]. 
                                                           
56
Sections 20-A and 20-B added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975); and published in 
the Punjab Gazette (Extraordinary) dated 3.4.1975, pages 267-282, s.5. 
57
[20-C. Revision.– (1) The Government shall constitute a Board consisting of 
two or mor e Superintending Canal Officers to hear and decide revision under 
this section. 
(2) The Board may, on an application by an aggrieved person or on 
his own, revise any decision of a Canal Officer under section 20, 20-A or 20-B if: 
(a) evidence or material of ill egality, negligence or fraud is available 
on record; or 
(b) any error in controlling factors effecting supply of water is noticed. 
(3) If there is sufficient evidence or material available on record that the 
decision of the Canal Officer or the report, on the basis of which the decision is made, 
is based on bad intention or motive or gross negligence, the Board may refer the 
matter to the competent authority for disciplinary or other action against the 
responsible officer.] 
58
[21. Application for acquisition of land and construction works thereafter .– 
Whenever, it is considered  necessary to acquire land for construction of a link water -
course sanctioned under  section 20, or section 68 or deposit of soil from a water -
course clearances permitted under section  68 a nd transfer of an existing water 
course sanctioned under section 23, the interested person may apply in writing to the 
Divisional Canal Officer, stating– 
(i) that he has endeavoured unsuccessfully to acquire from the owner, the 
land required for the constr uction of the link water -course, or for the 
deposit of soil from the water -course, or for the transfer of the existing 
water-course; 
(ii) that he desires the said Canal Officer, in his behalf and at his cost, to do 
all things necessary for acquiring such land; and 
(iii) that he is able to defray all costs involved in acquiring such land and 
constructing such water-course with connected works]. 
59
[22. Procedure of Canal Officer thereupon .– If the Divisional Canal Officer is 
satisfied that the statements in th e application are true, he shall call upon the 
applicant to make such deposit as the Divisional Canal Officer considers necessary to 
defray the cost of the preliminary proceedings, and the amount of any compensation 
which he considers likely to become due under this Act; and upon such deposit being 
made, he shall mark out the land which will be necessary to occupy for the said 
purpose, and shall forthwith publish a notice in every village that so much of such 
land as belongs to such village has been so mark ed out, and shall send a copy of 
such notice to the Collector of every District in which any part of such land is 
situated]. 
                                                           
57Inserted by the Canal and Drainage (Amendment) Act 20 16 (XII of 2016), published in the Punjab Gazette (Extraordinary), 
dated: 23 February 2016, pp. 3971-3973 s.3. 
58Substituted ibid., s.6. 
59
Substituted ibid., s.7. 
60
[23. Application for transfer of existing water course .– Whenever application is 
made to a Divisional Canal Officer for transfer o f an existing water -course from its 
present owner to the applicant, and it appears to him expedient that such transfer 
should be made in the interest of irrigation, he shall give notice to the person owning 
such water-course to cause, on a day not less tha n fourteen days from the date of 
such notice, why the said water -course should not be so transferred, and after 
making enquiry on such day, the Divisional Canal Officer shall determine whether and 
on what condition the said water-course shall be transferred. 
 After the expiry of thirty days of the announcement of the decision of the 
Divisional Canal Officer, if no objection is received and after giving due opportunity of 
hearing, if any objection is received, the Superintending Canal Officer may confirm or 
modify that decision. The decision of the Superintending Canal Officer shall be final 
and binding on the parties concerned. 
The applicant shall not be entitled to use the said water-course, until– 
(a) he has paid to the owner, the compensation thereof in w hatever shape 
it is determined through mutual agreement; or 
(b) possession of the water-course has been acquired under the provisions 
of this Act]. 
61
[24. Liability to acquisition .– Notwithstanding anything to the contrary contained 
in the Land Acquisition Act, 1894, or any other law for the time being in force , all land 
within the province shall be liable to acquisition at any time under this Act for 
constructing a water-course or an internal khal]. 
62
[25. When applicant may be placed in occupation .– (1) Within fourteen days of 
the publication of the notice under section 22, any person interested in the land to 
which the notice refers,  may  apply to the Superintending Canal Officer by petition, 
stating his objection to the acquisition of land for which the a pplication has been 
made. 
The Superintending Canal Officer may either reject the petition or may make 
alteration in the  alignment of the proposed water-course as he thinks fit after hearing 
the Divisional Canal Officer or his representative and the applic ant or interested 
persons by giving them previous notice. 
 Notwithstanding anything to the finality of orders made under section 20, 
section 23 and section 68, the alteration made under this section by the 
Superintending Canal- officer shall be construed a s modification made in the orders 
already made under the above said sections to the extent of orders passed under this 
section. 
The Superintending Canal Officer shall record in writing all orders passed by 
                                                           
60Substituted ibid., s.8. 
61Substituted ibid., s.9. 
62Substituted ibid., s.10. 
him under this section and grounds thereof. The or ders of the Superintending Canal 
Officer shall be final and binding on all the parties. 
The Superintending Canal Officer shall inform the Collector of the District, 
Divisional Canal Officer and the applicant of the order passed by him. 
(2)  After the expir y of fourteen days of the publication of the notice under 
section 22, if no appeal is preferred to the Superintending Canal Officer and on the 
announcement of the  decision  of  the  Superintending  Canal  Officer  when  appeal  
is  preferred  to  him  as aforesaid the Collector shall proceed within fourteen days to 
acquire such land or transfer such water -course and determine the necessary 
compensation; provided that the Collector shall take possession under this section 
after giving to the occupier thereof notice of fourteen days of his intention to do so]. 
63
[26. Appeal against awards and review .– (1) The  person  entitled  to 
compensation under the awards may accept the award and intimate acceptance in 
writing to the Collector within fifteen days from the  date of the announcement of 
award. 
(2) Any  person  aggrieved  by  the  award  of the  Collector  may  within  
one month of such award appeal to the  
64
[Executive District Officer (Revenue) ]. 
Where the affected party had no intimation of the award, the appe al may be filed 
within six weeks of the award. The  
65
[Executive  District Officer (Revenue)] may after 
giving the person affected an opportunity of being heard make such order as he may 
deem fit. 
(3) The order of the 
66
[Executive District Officer (Revenue)] made on appeal 
shall be final and shall not be called into question in any Court. 
(4) The Collector or the  
67
[Executive District Officer (Revenue) ] either of his 
own motion or on application made to him in this behalf by any affected person may 
at any time review an order made by himself or his predecessor in so far as it corrects 
an arithmetical, clerical or patent error or mistake only]. 
68
[27. Collector, 
69
[Executive District Officer (Revenue) ] and Canal Officer to 
have powers of Civil Courts, etc .– The Col lector, 
70
[Executive District Officer 
(Revenue)] and a Canal Officer making any enquiry or conducting any proceedings or 
                                                           
63Substituted ibid., s.11. 
64
Substituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in 
the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.11. 
65
Ibid. 
66
Ibid. 
67
Ibid. 
68
Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette 
(Extraordinary) dated 3.4.1975, pages 267-282, s.12. 
69
Substituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and publ ished in 
the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.12. 
70
Ibid. 
exercising the powers of appeal or review under sections 25 and 26 of this Act shall 
have the same powers in respect of  the following ma tters as are vested in a Civil 
Court, when trying a suit, under the Code of Civil  Procedure, 1908 (Act V of 1908), 
namely– 
(a) summoning and enforcing attendance of any person, examining him on 
oath or affirmation; 
(b) requiring the discovery and production of any document;  
(c)   requisitioning any record from any court or office; 
(d) issuing commissions for examination of witnesses, inspection of 
property or making any local investigation; 
(e) appointing guardians ad litem or next friends; 
(f) adding or s ubstituting representatives of deceased parties to 
proceedings; 
(g)  adding or dropping parties from pending proceedings; 
(h) dismissal in default of appearance and restoration of cases dismissed 
for default; 
(i) consolidating and splitting up cases; and 
(j) any other matter connected with the holding of any inquiry or hearing of 
an appeal]. 
71
[28. Expenses to be paid by applicant before receiving occupation .– On 
completion of proceedings under section 25 and delivery of possession of land, the 
Divisional Canal Officer may allow the applicant to construct the water -course but no 
such applicant shall be permitted to make use of such land or water-course for the 
requisite purpose, until he has paid such amount as the Collector determines to be 
due as compensation for the land or water-course so occupied or transferred, and for 
any damage caused by the marking out or occupation of such land, together with all 
expenses incidental to such occupation or transfer. 
If any part of compensation and expenses are not paid when demanded by the 
person entitled to receive the same, the amount may be recovered by the Collector 
as if it were an arrear of land revenue, and shall, when recovered, be paid by him to 
the person entitled to receive the same]. 
72
[29. Conditions binding  on applicant placed in occupation .– When any such 
applicant is  placed in occupation of land or of a watercourse, or an internal khal as 
aforesaid and permitted to use the same for the requisite purpose, the following rules 
and conditions shall be binding on him and his representative-in-interest. 
First– All works necessary for the passage across such watercourse or 
                                                           
71
Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette 
(Extraordinary) dated 3.4.1975, pages 267-282, s.13. 
72Substituted ibid., S.14. 
watercourses, or land acquired for the deposit of soil, existing previous to its 
construction and of the drainage intercepted by it, and for a ffording proper 
communications across it, for convenience of the neighbouring lands, shall be 
constructed by the applicant, and be maintained by him or his representative -in-
interest to the satisfaction of the Divisional Canal Officer. 
Second– Land acquired for the purposes enumerated in section 21, shall be 
used only for those purposes. 
Third– The proposed water-course shall be completed to the satisfaction of the 
Divisional Canal Officer within one year after the applicant is placed in occupation of 
the land. 
In cases in which land is occupied or a water-course is transferred on the 
terms of a rent-charge. 
Fourth–  The  applicant  or  his  representative -in-interest  shall,  so  long  as  
he occupies such land or watercourse, pay rent for the same at such rate and on 
such days as are determined by the Collector when the applicant is placed in 
occupation. 
Fifth– If the right to occupy the land ceases owing to a breach of any of the 
rules, the liability to pay the said rent shall continue until the applicant or his 
representative-in-interest has restored the land to its original condition, or until he has 
paid by way of compensation for any injury done to the said land, such amount and to 
such persons as the Collector determines. 
Sixth– The Collector may, on t he application of the person entitled to receive 
such rent or compensation, determine the amount of rent due or assess the amount 
of such compensation; and, if any such rent or compensation be not paid by the 
applicant or his representative-in-interest, the Collector may recover the amount, with 
interest thereon at the rate of ten per cent per annum from the date on which it 
became, due, as if it were an arrear of land -revenue, and shall pay the same, when 
recovered, to the person to whom it is due. 
If any of the rules and conditions prescribed by this section are not complied 
with, or if any water-course constructed or transferred under this Act is disused for 
three years continuously, the right of the applicant, or of his representative -in-interest, 
to occupy land or water-course shall cease absolutely]. 
73
[30. * * * * * * * * * * * *   ] 
PART IV 
OF THE SUPPLY OF WATER 
31.  In absence of written contract, water-supply to be subject to rules.– In the 
absence of a written contract, or so far as any such contra ct does not extend, every 
supply of canal -water  shall be deemed to be given at the rates and subject to the 
                                                           
73Omitted ibid., s.15. 
conditions prescribed by the rules to be made by the  
74
[Provincial Government] in 
respect thereof. 
32. Conditions as to .– Such contracts and rules m ust be consistent with the 
following conditions– 
(a) power to stop water -supply.– The Divisional Canal Officer may not 
stop the supply of water  to any water-course, or to any person, except 
in the following cases:– 
(1) whenever and so long as it is necess ary to stop such supply for 
the purpose of executing any work ordered by competent 
authority and with the previous sanction of the  
75
[Provincial 
Government]; 
(2) whenever and so long as any water-course is not maintained in 
such proper customary repair as t o prevent the wasteful escape 
of water therefrom; 
(3) within periods fixed from time to time by the Divisional Canal 
Officer: 
(b) claims to compensation in case of failure or stoppage of supply .– 
No claim shall be made against  
76
[the Provincial Government] for 
compensation in respect of loss caused by the failure or stoppage of the 
water in a canal, by reason of any cause beyond the  control of  
77
[the 
Provincial Government], or of any repairs, alterations or additions to the 
canal, or of any measures taken for  regulating the proper flow of water 
therein, or for maintaining the established  course of irrigation which the 
Divisional Canal Officer considers necessary; but the person suffering 
such loss may claim such remission of the ordinary charges payable for 
the use of the water as is authorized by the 
78
[Provincial Government]: 
(c) claims on account of interruption from other causes .– If the supply 
of water to any  land  irrigated  from  a  canal  be  interrupted  otherwise  
than  in  the manner described in th e last  preceding clause, the 
occupier or owner of such land may present a petition for compensation 
to the Collector for any loss arising from such interruption,   and   the   
Collector   may   award   to   the   petitioner   reasonable compensation 
for such loss: 
(d) duration of supply .– When the water of a canal is supplied for the 
irrigation of a single crop, the permission to use such water shall be 
                                                           
74Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order,  1937; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
75Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
76Substituted ibid., for the word “the Government”. 
77
Ibid. 
78Substituted ibid., Article 4 and Table of General Adaptations, for the words “Local Government”. 
held to continue only until that crop comes to maturity, and to apply only 
to that crop; but if it be su pplied for irrigating two or more crops to be  
raised  on the same land within the year, such permission shall be held 
to continue for one year from the commencement of the irrigation, and 
to apply to such crops only as are matured within that year: 
(e) sale or subletting of right to use canal water .– Unless with the 
permission of the Superintending Canal Officer, no person entitled to 
use the water of any canal, or any work,  building or land appertaining to 
any canal, shall sell or sublet or otherwise transfer his right to such use: 
Provided that the former part of this clause shall not apply to the use by a 
cultivating tenant of water supplied by the owner of a water -course for the irrigation of 
the land held by such tenant; 
Transfer, with land, of contracts for water.– But all contracts made between 
79
[the Provincial Government] and the owner or occupier of any immovable property, 
as to the supply of canal -water to such property shall be transferable therewith, and 
shall be presumed to have been so transfe rred whenever a transfer of such property 
takes place: 
(f) no right acquired by user .– No right to the use of the water of a canal 
shall be, or be deemed to have been acquired under the  
80
Indian 
Limitation Act, 1877, Part IV, nor shall 
81
[the Provincial Government] be 
bound to supply any person with water except in accordance with the 
terms of a contract in writing. 
82
[32-A. Non-payment of charges .– (1) If a person fails to pay charges under 
section31, 33, 34, 36 or 45 within the prescribed period, the Division al Canal Officer 
may, after prior notice to the person, exclude the person from warabandi or cancel 
the agreement of filling of tanks and ponds with that person. 
(2) Any person aggrieved of the order of the Divisional Canal Officer under 
subsection (1) may, within thirty days from the date of the order, file an appeal before 
the Superintending Canal Officer who shall decide the appeal with in thirty days from 
the date of filing the appeal.] 
PART V 
OF WATER-RATES 
83
[33. Liability for unauthorized use of water from canal or water -course.– (1) 
                                                           
79
Substituted for the words “the Government” by the Governme nt of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
80
XV of 1877, subsequently replaced by the Limitation Act, 1908 (IX of 1908). 
81
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
82Inserted by the Canal a nd Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab Gazette (Extraordinary), 
dated: 23 February 2016, pp. 3971-3973 s.4. 
83Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Pun jab 
Gazette (Extraordinary) dated 3.4.1975, pages 267-282, s.16, and  then by the Canal and Drainage (Amendment) Act 2006 (XVII 
When the water of a canal is used in an unauthorized manner, the Divisional Canal 
Officer shall, after holding an enquiry or causing it to be held including identification of 
the person committing the offence and considerin g the evidence of the Organization 
of Farmers, levy the prescribed charges in the prescribed manner from the person by 
whose act such use has occurred and  if such person cannot be identified, from the 
person on whose land the water has flowed and such land has derived benefit from it. 
(2) Where the water used in an unauthorized manner has been taken from 
a water- course, the Deputy Collector, after holding an inquiry, may levy the charges– 
(a) from the person by whose act or neglect such use has taken place; or 
(b) if such person cannot be identified, from the person on whose land the 
water has flowed and such land has derived benefit from it; and 
(c) if such person cannot be identified or the land, on which water has 
flowed, has derived no benefit from it,  from all persons chargeable in 
respect of the water supplied through such water-course.] 
34. Liability when water runs to waste .– If water supplied through a water -
course be suffered to run to waste, and if, after enquiry by 
84
[the Deputy Collector], the 
person through whose act or neglect such water was suffered to run to waste cannot 
be discovered , all the persons chargeable in respect of the water supplied through 
such water-course shall be jointly liable for the charges made in respect of the water 
so wasted. 
85
[35. Appeals and revisions.– (1) Any person aggrieved by an order passed by the 
Divisional Canal Officer in respect of a question under section 33 may, within thirty 
days of the passing of such order, appeal to the  Superintending Canal Officer who  
after giving such person an opportunity of being heard, may confirm, modify or set 
aside the order of the Divisional Canal Officer. 
(2) Any person aggrieved by an order passed by the Deputy Collector 
under section 33 or under section 34 may, within thirty  days of the passing of such 
order, appeal to the Divisional Canal Officer, who, after giving such person an 
opportunity of being heard, may confirm, modify or set aside the order of the Deputy 
Collector. 
(3) Subject to the deposit of charges and penalties  to the satisfaction of the 
revisional authority, a revision shall lie before the Chief Engineer against the order 
passed by the Superintending Canal Officer under this section within ninety days of 
the passing of the order. 
(4) The order passed by the rev isional authority shall be final and the 
                                                                                                                                                                                      
of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.13. 
84Substituted for the words “the Divisional Canal Officer” by the Canal and Drainage (Amendment) Act 2006 (XVII of 200 6); and 
published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.14.  
85Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab 
Gazette (Extraordinary) dated 3.4.1975, pages 267-282, s.17, and  then by the Canal and Drainage (Amendment) Act 2006 (XVII 
of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.15. 
amount of the charges and penalties deposited with the revisional authority shall be 
liable to be adjusted or refunded accordingly. 
(5) The Divisional Canal Officer, Superintending Canal Officer or the Chief 
Engineer, as the case may be, exercising powers under this section shall not 
suspend or stay the process of recovery of the charges levied under section 33 or 
section 34. 
(6) All charges for the unauthorized use or waste of water may be 
recovered in addition to a ny penalties incurred on account of such unauthorized use 
or waste.] 
36. Charge on occupier for water, how determined .– The rates to be charged 
for canal-water  supplied  for  purposes  of  irrigation  to  the  occupiers  of  land  shall  
be determined by the rules
86 to be made by the 
87
[Provincial Government], and such 
occupier as accept the water shall pay for it accordingly. 
Occupier’s rate.– A rate so charged shall be called the “occupier’s rate”. 
88
[The rules hereinbefore referred to may prescribe and det ermine what 
persons or classes of persons are to be deemed to be occupiers for the purposes of 
this section, and may also determine the several liabilities, in respect of the payment 
of the occupier’s rate, of tenants and of persons to whom tenants may hav e sublet 
their lands or of proprietors and of persons to whom proprietors may have let the 
lands held by them in cultivating occupancy]. 
37. Owner’s rate .– In addition to the occupier’s rate, a rate to be called the 
“owner’s rate” may be imposed, according  to rules
89 to be made by the 
90
[Provincial 
Government], on the owners of canal -irrigated lands, in respect of the benefit which 
they derive from such irrigation. 
38. Amount of owner’s rate .– The owner’s rate shall not exceed the sum which , 
under the rules f or the time being in force for the assessment of land -revenue, might 
be assessed on such land, on account of the increase in the annual value or produce 
thereof caused by the canal -irrigation. And for the purpose of this section only, land 
which is permanently settled or held free of revenue , shall be considered as though it 
were temporarily settled and liable to payment of revenue. 
39. Owner’s rate not chargeable  in respect of land temporarily assessed to 
land-revenue at irrigation-rates.– No owner’s rate shall be chargeable either on the 
owner or  occupier of land temporarily assessed to pay land -revenue at irrigation -
                                                           
86
For instance of such notifications, see Punjab Gazette, 1993, Pt. I. pp. 223 and 224. 
87
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
88
Inserted by the Northern India Canal and Drainage (Amendment) Act 1899 (XVI of 1899). 
89
For instance of such notifications, see Punjab Gazette, 1993, Pt. I. pp. 223 and 224. 
90
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
rates, during the currency of such assessment. 
40 to 43 
91
[When occupier to pay both rates: apportionment of owner’s: when owner 
to pay  owne r’s  rate: effect  of  introduction  of  canal -irrigation  on  landlord’s  right  
to enhance]. 
44. Water-rate by whom payable when charged on land held by several 
owners.– Where a water-rate is charged on land held by several joint owners, it shall 
be payable by the manager or other person who receives the rents or profits of such 
land, and may be deducted by him from such rents or profits before division, or may 
be recovered by him from the persons liable to such rate in the manner  customary in 
the recovery of other charges on such rents or profits. 
Recovery of Charges 
92
[45. Certified  dues  recoverable  as  arrears  of  land  revenue .–  Any  sum 
lawfully due under this Part and certified by Divisional Canal Officer to be so due shall 
be recovered as arrears of land revenue by– 
(a) the Collector, in case of water used for irrigation purposes; and 
(b) the Deputy Collector in case of water used for non-irrigation purposes.] 
46. Power to contract for collection of canal -dues.– The Divisional Canal 
Officer or t he  Collector  may enter into an agreement with any person for the 
collection and payment to the 
93
[Provincial Government] by such person of any sum 
payable under this Act by a third party. 
When such agreement has been made, such person may recover such sum by 
suit as though it were a debt due to him, or an arrear of rent due to him on account of 
the land, work or building in respect of which such sum is payable, or for or in which 
the canal- water shall have been supplied or used. 
If such person makes defau lt in the payment of any sum collected by him 
under this section, such sum may be recovered from him by the Collector under 
section forty-five; and if such sum or any part of it be still due by the said third party, 
the sum or part so due may be recovered in like manner by the Collector from such 
third party. 
94
[46-A. Agreement with Organization of Farmers .– The Divisional Canal Officer or 
the Collector may enter into agreement with an Organization of Farmers for the 
collection and payment to the Provincial Government of any sum payable under this 
                                                           
91Repealed by the Punjab Tenancy Act 1887 (XVI of 1887), s. 3 and Schedule. 
92Substituted by the Canal and Drainage (Ame ndment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.16. 
93Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
94
Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.17. 
Act, and thereafter any such Organization shall be deemed to be a person entering 
into agreement with the Divisional Canal Officer or the Collector.] 
47. Lambardars may be required to collect canal -dues.– The Collec tor may 
require the lambardar, or person under engagement to pay the land -revenue of any 
estate, to collect and pay any sums payable under this Act by a third party, in respect 
of any land or water in such estate.  
Such sums shall be recoverable by the Col lector as if they were arrears of 
land-revenue due in respect of the defaulter’s share in such estate; 
and for the purpose of collecting such sums from the subordinate zamindars, 
ryots, 
95
[tenants or sub-tenants], such lambardar or person may exercise the p owers, 
and shall be subject to the rules, laid down in the law for the time being in force , in 
respect to the collection by him of the rents of land or of shares of land -revenue. The 
96
[Provincial Government] shall provide– 
(a) for remunerating persons collecting sums under this section; or 
(b) for  indemnifying  them  against  expenses  properly  incurred  by  them  
in  such collection; or 
(c) for both such purposes. 
48. Fines excluded from sections 45, 46, 47 .– Nothing in sections forty-five, 
forty-six, or forty-seven applies to fines. 
PART VI 
OF CANAL-NAVIGATION 
49. Detainer of vessels violating rules .– Any vessel entering or navigating any 
canal contrary to the rules made in that behalf by the  
97
[Provincial Government], or so 
as to cause danger to the cana l or the other vessels therein, may be removed or 
detained, or both removed and detained, by the Divisional Canal Officer, or by any 
other person duly authorized in this behalf. 
Liability of owners of vessels causing damage .– The owner of any vessel 
causing damage to a canal, or removed or detained under this section, shall be liable 
to pay to 
98
[the Provincial Government] such sum as the Divisional Canal Officer, with 
the approval of the Superintending Canal Officer, determines to be necessary to 
defray the expenses of repairing such damage , or of such removal or detention, as 
the case may be. 
                                                           
95
Substituted for the words “or tenants” by the Northern India Canal and Drainage (Amendment) Act, 1899 (XVI of 1899. 
96
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
97
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations.  
98
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
50. Recovery of fines for offences in navigating canals .– Any fine imposed 
under this Act upon  the owner of any vessel, or the servant or agent of such owner 
or other person in charge of any vessel, for any offence in respect of the navigation of 
such vessel, may be recovered either in the manner prescribed by the Code of 
Criminal Procedure , or, if the Magistrate imposing the fine so directs, as though it 
were a charge due in respect of such vessel. 
51. Power to seize and detain vessel on failure to pay charges .– If any charge 
due under the provisions of this Part in respect of any vessels not paid on demand to 
the person authorized to collect the same, the Divisional C anal Officer may seize and 
detain such vessel and the furniture thereof, until the charge so due, together with all 
expenses and additional charges arising from such seizure and detention, is paid in 
full. 
52. Power to seize cargo or goods, if charges due thereon are not paid .– If 
any charge due under the provisions of this Part in respect of any cargo or goods  
carried in a Government vessel on a canal, or  stored on or in lands or warehouses , 
occupied for the purposes of a canal is not paid on demand to t he person authorized 
to collect the same, the Divisional Canal Officer may seize , such cargo or goods and 
detain them until the charge so due,  together with all expenses and additional 
charges arising from such seizure and detention, is paid in full. 
53. Procedure for recovery of such charges after seizure .– Within a 
reasonable time after any seizer under section fifty-one or section fifty-two the said 
Canal Officer shall give notice to the owner or person in charge of the property seized 
that it, or such portion of it as may be necessary, will, on a day to be named in the 
notice, but not sooner than fifteen days from the date of the notice, be sold in 
satisfaction of the claim on account of which such property was seized, unless the 
claim be discharged before the day so named: 
And, if such claim be not so discharged, the said Canal Officer may, on such 
day, sell the property seized or such part thereof as may be necessary to yield the 
amount due, together with the expenses of such seizure and sale: 
Provided that no greater part of the furniture of any vessel or of any cargo or 
goods shall be so sold than shall, as nearly as may be, suffice to cover the amount 
due in respect of such vessel, cargo or goods. 
The residue of such furniture, cargo or goods, and of  the proceeds of the sale, 
shall be made over to the owner or person in charge of the property seized. 
54. Procedure in respect of vessels abandoned and goods unclaimed.– If any 
vessel found abandoned in a canal, or any cargo or goods carried in a Governme nt 
vessel on a canal or stored on or in lands or warehouses occupied for the purposes 
of a canal be left  unclaimed  for  a  period  of  two  months,  the  Divisional  Canal  
Officer  may  take possession of the same.  
The officer so taking possession may publish a notice that, if such vessel and 
its contents, or such cargo or goods, are not claimed previously to a day to be named 
in the notice, not sooner than thirty days from the date of such notice, he will sell the 
same; and, if such vessel, contents, c argo or goods be not so claimed, he may, at 
any time after the day named in the notice, proceed to sell the same. 
Disposal of proceeds of sale.– The said vessel and its contents, and the said 
cargo or goods, if unsold, or, if a sale has taken place, the pr oceeds of the sale, after 
paying all tools, charges and expenses incurred by  the Divisional Canal Officer on 
account of the taking possession and sale, shall be made over to the owner of the 
same, when his ownership is established to the satisfaction of t he Divisional Canal 
Officer. 
If the Divisional Canal Officer is doubtful to whom such property or proceeds 
should be made over, he may direct the property to be sold as aforesaid, and the 
proceeds to be paid into the district treasury, there to be held unt il the right there to 
be decided by a Court of competent jurisdiction. 
PART VII 
OF DRAINAGE 
55. Power to prohibit obstructions or order their removal .– Whenever it 
appears to the 
99
[Provincial Government] that injury to any land or the public health or 
public convenience  has  arisen  or  may  arise  from  the  obstruction  of  any  river,  
stream  or drainage-channel,  such   Government  may,  by  notification  published  in  
the  official Gazette, prohibit, within limits to be  defined in such notification , the 
formation of any obstruction, or may, within such limits, order the removal or other 
modification of such obstruction.  Thereupon so much of the said river, stream or 
drainage-channel as is comprised within such limits , shall be held to be a drainage -
work as defined in section three. 
56. Power to remove obstructions after prohibition .– The Divisional Canal 
Officer, or other person authori zed by the  
100
[Provincial Government] in that behalf, 
may, after such publication , issue an order to the person causin g or having control 
over any such obstruction to remove or modify the same within a time to be fixed in 
the order. 
If, within the time so fixed, such person does not comply with the order, the 
said Canal Officer may himself remove or modify the obstruction ; and if the person to 
whom the order was issued does not, when called upon, pay the expenses involved 
in such removal or modification, such expenses shall be recoverable by the Collector 
from him or his representative in interest as an arrear of land-revenue. 
57. Preparation of schemes for works of improvement .– Whenever it appears 
to the 
101
[Provincial Government] that any drainage -works are necessary for the 
improvement of any lands, or for the proper cultivation or irrigation thereof,  or that 
                                                           
99Substituted for the words  “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
100
Ibid. 
101
Ibid. 
protection from floods or other accumulations of water, or from erosion by a river, is 
required for any lands,  the 
102
[Provincial Government] may cause a scheme for such 
drainage-works to be drawn  up  and published, together with an estimate of its cost  
103
[* * *] and a schedule of the lands which it is proposed to make chargeable in 
respect of the scheme. 
58. Powers of persons employed on such schemes .– The persons authori zed 
by the 
104
[Provincial Government] to draw up such scheme may exercise all or any of 
the powers conferred on the Canal Officers by section fourteen. 
105
[59. Rate on land s benefited by works .– An annual rate, in respect of such 
scheme, may be charged, according to rules to be made by the Provincial 
Government, on the owners of all lands which shall, in the manner prescribed by such 
rules, be determined to be so chargeable: 
Provided that in the case of agricultural land, no such rate shall be charged for 
the first two harvests immediately following the completion of the scheme]. 
106
[59-A. Prohibition and contr ol regarding the discharge of effluent into canal 
and drainage works .– (1) The Provincial Government may, by notification in the 
official gazette, prohibit the discharge of any effluent, including any solid or liquid 
matter or combination of them from  industrial, municipal or any other source, into any 
river, canal and drainage work including any natural drainage channel. 
(2) In case of contravention of sub -section (1), the Divisional Canal Officer, 
after such enquiry including taking of sample, may impose  such special drainage 
charges as may be prescribed and shall take other necessary steps to prevent such 
contravention and consequential cost so incurred shall also be recoverable from the 
person found responsible for such contravention. 
(3) After  the  pu blication  of  notification  under  sub -section  (1),  any  
person, organization or entity, interested in discharging such effluent into any river or 
drainage work, including any natural drainage channel, shall apply to the Divisional 
Canal Officer or any other person authorized by the Provincial Government in this 
behalf, for grant of permission for the discharge of such effluent. 
(4) The applicant shall obtain a certificate of no adverse impact of such 
discharge on environment from the authority designate d in this behalf under any law 
for the time being in force relating to environment. 
                                                           
102
Substituted for the words  “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations.  
103The words “and a statement o f the proportion of such cost, which the Provincial Government proposes to defray” omitted  by 
the Canal and Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV o f 1970); and published in the Gazette of 
West Pakistan (Extraordinary), dated 13.1.1970, pages 109-110, s.2. 
104Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
105
Substituted by the Canal and Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV of 1970); and published in 
the Gazette of West Pakistan (Extraordinary), dated 13.1.1970, pages 109-110, s.3. 
106
Inserted by the Canal and Drainage (Am endment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.18. 
(5) The Divisional Canal Officer or the person authorized under sub -section 
(3), shall, after giving an opportunity of hearing to the applicant and such further 
inquiry as he deems necessary, determine the feasibility of such permission on the 
basis of the certificate mentioned in sub-section (4), capacity and flow condition of the 
channel and may either refuse or grant permission subject to such terms and 
conditions including levy of drainage charges as may be prescribed. 
(6) Any person aggrieved by the order passed by the Divisional Canal 
Officer under this section may file an appeal before the Chief Engineer within ninety 
days of the passing of the order. 
(7) The Chief Engineer may, on an appeal or at his own, confirm, modify or 
set aside the order of the Divisional Canal Officer.] 
107
[60. Recovery of rate .– Any drainage rate, levied under section 59 or section 59 -
A, may be collected and recovered in the manner provided under sections 45, 46, 46-
A and 47 for the collection and recovery of water rates.] 
61. Disposal of claims to compensation .– Whenever, in pursuance of a 
notification made under section fifty-five, any obstruction is removed or modified, 
 or whenever any drainage-work is carried out under section fifty-seven, 
 all claims for compensation on account of any loss consequent on the 
removal or modification of the said obstruction or the construction of such work , may 
be made before the Collector, and he shall deal wit h the 
108
[claims in accordance with 
law]. 
62. Limitation of such claims .– No such claim shall be entertained after the 
expiration of one year from the occurrence of the loss complained of, unless the 
Collector is satisfied that the claimant had sufficient ca use for not making the claim 
within such period. 
109
[62-A. Management of sub-soil water.– (1) The Provincial Government shall take 
necessary steps for the proper management of the sub -soil water to protect the 
aquifer, the quality and availability of such water. 
(2) The Provincial Government, or any person authorized by it in this 
behalf, shall carry out the evaluation and assessment regarding the condition of 
aquifer, quality and availability of sub-soil water in any specified area and draw up the 
scheme for the proper  management  of  the  sub -soil  water  and  publish  it  in  the  
manner  as  may  be determined by the Provincial Government. 
(3) Any person aggrieved by the scheme framed under this section may file 
objections regarding any matter included in  the scheme before the person authorized 
                                                           
107Substituted ibid., s.19. 
108Substituted ibid., s.21, for the words “same in the manner provided in section 10”. 
109
Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.21. 
by the Provincial Government. 
(4) After the disposal of the objections, if any, the Provincial Government 
may modify the scheme and take necessary steps for its implementation. 
(5) Any person violating any direction, order or instruction issued under this 
section, shall be liable to such charges as may be prescribed.] 
PART VIII 
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE WORKS 
110
[63. * * * * * * * * * * * *   ] 
64. Power to prescribe number of labourers to be supplied  by persons 
benefited by canal.– In any district in which a canal or drainage -work is constructed, 
maintained or protected by  the 
111
[Provincial Government], the  
112
[Provincial 
Government] may, if it thinks fit direct the Collector– 
(a) to ascertain the propri etors, sub-proprietors or farmers , whose villages 
or estates are or will be,  in the judgement of the Collector, benefited by 
such canal or drainage-work, and 
(b) to set down in a list, having due regard to the circumstances of the 
district and of the seve ral proprietors, sub -proprietors or farmers, the 
number of labourers which shall be furnished by any of the said 
persons, jointly or severally, from any such  village or estate, for 
employment on any such  canal or  drainage -work  when required as 
hereinafter provided. 
The Collector may, from time to time, add to or alter such list or any part 
thereof. 
65. Procedure for obtaining labour for works urgently required .– Whenever it 
appears to a Divisional Canal Officer duly authori zed by the 
113
[Provincial 
Government], that, unless some work is immediately executed, such serious damage 
will happen to any canal or drainage -work as to cause sudden and extensive public 
injury, 
and that  the  labourers  necessary  for the proper execution thereof cannot be 
obtained in the ordinary manner within the time that can be allowed for the execution 
of such work so as to prevent such injury,  
the said officer may require any person named in such list to furnish as many 
labourers (not  exceeding the number which, according to the said list, he is liable to 
supply) as to the said officer seem necessary for the immediate execution of such 
                                                           
110
Section 63 omitted ibid., s.22. 
111
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
112
Ibid. 
113Substituted for the words “Local Government” by the Government of India (A daptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
work. 
Every requisition so made shall be in writing, and shall state– 
(a) the nature and locality of the work to be done, 
(b  the number of laboure rs to be supplied by the person upon whom the 
requisition is made, and 
(c)  the approximate time for which and the day on which the labourers will 
be required;  
and a copy thereof shall be immediately sent to the Superintending 
Canal Officer for the information of the 
114
[Provincial Government]. 
The 
115
[Provincial Government] shall fix, and may from time to time alter , the 
rates to  be paid to any such labourers:  provided that such rates shall exceed the 
highest rates for the time being paid in the neighbourhood  for similar work.   In the 
case of every such labourer, the payment shall continue for the whole period during 
which he is, in consequence of the provisions of this Part, prevented from following 
his ordinary occupation. 
The 
116
[Provincial Government] may ,
117
[* * *] direct that the provisions of this 
Part shall apply, either permanently or temporarily (as the case may be), to any 
district or part of a district for the purpose of effecting necessary annual silt -
clearances, or to prevent the proper operation of a  canal or drainage-work being 
stopped or so much interfered with as to stop the established course of irrigation or 
drainage. 
118
[66. Liability of labourers under requisition.– * * * * * *   ] 
PART IX 
OF JURISDICTION 
119
[67. Jurisdiction.– (1) Subject to subse ction (2), all claims against the Provincial 
Government in respect of anything done under this Act may be tried by the civil court 
of competent jurisdiction. 
(2) A court shall not assume jurisdiction in any matter in respect of anything 
done, being done or purported to be done under sections 20, 20 -A, 20-B,20-C,31,32, 
32-A, 33, 34, 35, 36and 45 of the Act and shall not pass any order interrupting any 
                                                           
114
Ibid. 
115
Ibid. 
116
Substituted for the words “Local Government” by the Government of Ind ia (Adaptation of Indian Laws) Order, 1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
117
The words, “with the previous sanction of the Governor General in Council” omitted by the Decentralization Act, 1914 (IV of 
1914); and published in the Gazette of India, dated 28.2.1914, see s.2 & Part I of the Schedule. 
118Section 66 omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Ga zette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.23. 
119Substituted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab Gazette (Extraordinary), 
dated: 23 February 2016, pp. 3971-3973 s.5. 
proceedings under the Act.] 
120
[68. Settlement of disputes .– (1) Whenever a difference arises between two or 
more persons with regard to the distribution of water from a canal outlet, construction, 
use, or maintenance of the water -course supplied with water from the outlet, or 
deposit of soil from water -course clearance, or mutual rights and liabilities in that 
regard, any such person may apply in writing to the Sub-Divisional Canal Officer. 
(2) The Sub-Divisional Canal Officer may also proceed to settle any dispute 
without any such application on the basis of the order passed under section 20 -B or 
an order canceling the extra water supplies. 
(3) The Sub -Divisional Canal Officer shall give notice to all persons 
concerned regarding the enquiry in the said matter and after such enquiry shall pass 
an order as he deems appropriate. 
(4) Any  person  aggrieved  by  an  or der  passed  under  sub -section  (3)  
may, within fifteen days of the passing of such order, prefer an appeal against the 
order to the Divisional Canal Officer. 
(5) Where an appeal has been preferred under sub -section (4), the 
Divisional Canal Officer– 
(a) shall decide the appeal expeditiously; and 
(b) may, pending the disposal of the appeal, suspend the operation of the 
order; 
provided that the stay order does not adversely affect any standing 
crops. 
(6) The applicant shall not be entitled to use the water -course that may be 
sanctioned under this section for conveyance of water to his land or the land 
required for the deposit of soil from water-course clearance, until– 
(a) he has paid to the land -owner the compensation for the land occupied 
for any of the p urposes, in whatever shape it is determined through 
mutual agreement; or 
(b) possession of the land has been acquired under the provisions of this 
Act. 
(7) An order passed under sub -section (3), if there be no appeal preferred 
against it and an order passed in appeal under sub-section (5) shall be final.] 
121
[68-A. Power to restore interrupted supply.– (1) If canal-water supply of any land 
                                                           
120
Substituted first by th e Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab 
Gazette (Extraordinary) dated 3.4.1975, pages 267-282, s.18 and then by the Canal and Drainage (Amendment) Act 2006 (XVII 
of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.24. 
121Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab Gazette (Extraordinary), 
dated: 23 February 2016, pp. 3971 -3973 s.6. It was earlier substituted by the Canal and Drainage (Ame ndment) Act 2006 (XVII 
of 2006) ; and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575 -1582, s.25. It was earlier added by 
the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette (Extraordinary) 
dated 3.4.1975, pages 267-282, s.19. 
is interrupted by dismantling a water-course or internal khal, the Sub-Divisional Canal 
Officer, may, upon application ma de in this behalf and after such enquiry as he 
deems necessary, order interim restoration of the dismantled  water -course  or the 
internal khal and the interrupted supply of water at the cost of person who interrupted 
the supply and if necessary by use of such agency or force as may be called for and 
such order shall remain in force until the dispute is finally settled under section 68 
and, if necessary, a water-course link is constructed under this Act. 
(2) The expenses for restoration of the water -course or internal khal may 
be recovered from the person at fault as arrear of land revenue.] 
 
122
[(3) The Sub Divisional Canal Officer shall not entertain an application under 
this section unless it is accompanied with an application in writing under section 68 of  
the Act, in case the water course is not sanctioned. 
Explanation.– For purposes of the section, a sanctioned water course or internal 
khal shall mean a water course or internal khal sanctioned under section 68.] 
123
[69. Enquiry proceedings.– (1) Any officer  or organization empowered under the 
Act to  conduct an enquiry may cause the preliminary enquiry to be made by any 
subordinate person or entity. 
(2) Any person or entity conducting an enquiry or a preliminary inquiry may 
exercise all such powers connected  with the summoning and examining of witnesses 
as are conferred on a civil court by the Code of Civil Procedure 1908 (Act V of 1908) 
and any such enquiry shall be deemed to be a judicial proceedings.] 
PART X 
OF OFFENCES AND PENALTIES 
124
[70. Offences under t he Act.– (1) Whoever, without proper authority does  
125
[,or 
abets the doing of,] any of the following acts, that is to say:– 
(1) cuts through, pierces, damages, alters, enlarges or obstructs any canal 
or canal outlet or drainage work; 
(2) interferes with, in creases or diminishes the supply of water in, or the 
flow of water from, through, over or under, any canal or drainage work, 
or by any means raises or lowers the level of the water in any canal; 
(3) interferes with or alters the flow of water in any river or stream, so as to 
endanger, damage or render less useful any canal or drainage work; 
                                                           
122Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), w.e.f.23.2 .2016, s.6; and published in the Punjab 
Gazette (Extraordinary), pp. 3971-3973. 
123
Substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.26. 
124
Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette 
(Extraordinary) dated 3.4.1975, pages 267-282, s.20, 
125
Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.27. 
(4) makes any dam or obstruction for the purpose of diverting or opposing 
the current of a river on the bank whereof there is a flood embankment 
or refuses or neglects t o remove any such dam or obstruction when 
lawfully required so to do; 
(5) prevents or interferes with the lawful use of a water -course by any 
person authorised to use the same; 
(6) being responsible for the maintenance of a water -course, or using a 
water- course, neglects to take proper precautions for the prevention of 
waste of the water thereof, or interferes with the authorised distribution 
of water therefrom, or uses such water in an unauthorised manner; 
(7) dismantles water -course or internal khal ther eby interrupting or 
obstructing the irrigation of the land of another person; 
(8) corrupts or fouls the water of any canal so as to render it less fit for the 
purpose for which it is ordinarily used; 
(9) causes any vessel to enter or navigate any canal con trary to the rules 
for the time being prescribed by Government for entering or navigating 
such canal; 
(10) while navigating on any canal, neglects to take proper precautions for 
the safety of the canal and of vessels thereon; 
126
[(11) * * * * * * * * * * *   ] 
(12) destroys, defaces or moves any land or level mark, rain-gauge or water-
gauge fixed by a public servant; 
(13) destroys, tampers with or removes any apparatus, or part of any 
apparatus for hydrological observations or for controlling, regulating or 
measuring the flow of water in any canal, river or stream; 
(14) passes or causes animals or vehicles to pass, on or across any of the 
works, banks or channels of a canal or drainage work contrary to rules 
made under this Act; 
(15) causes or knowingly and willfully permits cattle to graze upon any canal 
or drainage work or tethers or knowingly and willfully permits cattle to be 
tethered upon any such canal or drainage  work, or up -roots grass or 
other vegetation growing on any such canal or drainage work, or 
removes, cuts or in any way injures or causes to be removed, cuts or 
otherwise injures any tree, bush, grass or hedge intended for the 
protection of such canal or drainage work; 
127
[(15-A) fails to pay water rate or charges imposed under section  31, 33,34, 36 
or 45 within the prescribed period even after a due notice;] 
                                                           
126Omitted b y the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.27(2). 
127Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab G azette (Extraordinary), 
dated: 23 February 2016, pp. 3971-3973 s.7. 
(16) makes or in any manner voluntarily abets the making of an 
encroachment of any kind within the limits of a canal or drainage work, 
or refuses or neglects to remove any such encroachment whe n so 
required to do by Canal Officer; or 
128
[(17) violates any rules made under this Act, for breach whereof a penalty 
may be incurred;  
shall be  liable,  on  conviction  before  a  Magistrate  of  such  class  as  
the  Provincial Government directs in this behalf– 
(a) for an offence under clauses (1) to (4), to a fine not exceeding 
fifteen thousand rupees or to imprisonment not exceeding one 
year or to both; and 
(b) for any other offence under this section, to a fine not exceeding 
three thousand rupees or t o imprisonment not exceeding three 
months or to both.] 
129
[(2) If a person is convicted under this section, the Magistrate may order  
that  the  cost, as certified  by  the  Divisional  Canal  Officer  for  removal  of  the 
obstruction or repairing the damag e, shall be payable by such convict and on his 
failure to pay such costs, the same may be recovered as arrears of land revenue.] 
130
[70-A. Compensation to persons injured .– (1) Whenever any person is fined for 
an offence  under this Act, the Court which impo ses such fine, or which confirms, in 
appeal or revision, a sentence of such fine , or a sentence of which such fine forms a 
part, may direct that the whole or any part of such fine, may be paid as compensation 
to the injured person or as reward to the informant. 
(2) If the fine be awarded by a Court, whose decision is subject to appeal or 
revision, the  amount awarded by way of compensation or reward, as the case may 
be, shall not be paid until the period prescribed for appeal or revision has elapsed, 
and when an appeal or revision is filed, till the same is finally disposed of.] 
71. Saving of prosecution under other laws .– Nothing herein contained shall 
prevent any person from being prosecuted under any other law for any offence 
punishable under this Act: 
Provided that no person shall be punished twice for the same offence. 
131
[72.  Compensation to person injured.– * * * * * * *   ] 
73. Power to arrest without warrant .– Any person in charge of or employed 
                                                           
128
Substituted ibid., s.27(3). 
129
Substituted ibid., 27(4). 
130Added by the Canal and Drainage (Punjab Amend ment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette 
(Extraordinary) dated 3.4.1975, pages 267-282, s.21. 
131Omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette 
(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.28.  
upon any canal or drainage -work may remove from the land s or buildings belonging 
thereto, or may take into custody without a warrant and take forthwith before a 
Magistrate or to the nearest police station, to be dealt with according to law, any 
person who, within his view, commits any of the following offences: 
(1) willfully damages or obstructs any canal or drainage-work; 
(2) without proper authority interferes with the supply or flow of water in or 
from any canal or drainage -work, or in any river or stream, so as to 
endanger, damage or render less useful any canal or drainage-work. 
132
[73-A. Cognizance.– Notwithstanding anything contained in any other law, the 
offences under clauses (1) to (4) of section 70 shall be cognizable and non-bailable.] 
74. Definition of “Canal” .– In this Part, the word “ Canal” shall (un less there be 
something repugnant in the subject or context) be deemed to include also all lands 
occupied by  
133
[the Provincial Government] for the purposes of canals, and all 
buildings, machinery, fences, gates and other erections, trees, crops, plantations  or 
other produce, occupied by or belonging to  
134
[the Provincial Government] upon such 
lands. 
PART XI 
OF SUBSIDIARY RULES 
75. Power to make, alter and cancel rules.– The 
135
[Provincial Government] may, 
from time to time 
136
[* * *] make rules
137
 to regulate the following matters:– 
(1) the proceedings of any officer who, under any provision of this Act, is 
required or empowered to take action in any matter; 
(2) the cases in which, and the officers to whom and the conditions subject 
to which, orders and  decisions gi ven under any provision of this Act, 
and not expressly provided for as regards appeal, shall be appealable; 
(3) the  persons  by  whom, 
138
[and] the  time,  place  or  manner  at  or  in  
which anything for the doing of which provision is made under this Act  
shall be done; 
(4) the amount of any charge made under this Act; and 
                                                           
132Inserted by the Canal and Drainage (Amendment) Act 2 016 (XII of 2016), published in the Punjab Gazette (Extraordinary), 
dated: 23 February 2016, pp. 3971-3973 s.8. 
133
Substituted  for the words “the Government” by  the  Government  of  India  (Adaptation  of  Indian  Laws)  Order,  1937 ; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. 
134
Ibid. 
135
Substituted ibid., see Article 4 and Table of General Adaptations,  for the words “Local Government”. 
136
The words, “subject to the control of the G.G., in C”  repealed, by the Devolution Act 1920 (XXXVIII of 1920); and published in 
the Government Gazette, Punjab and its Dependencies, dated 24.9.1920, pages 127-153 s.2 and First Schedule Part I. 
137
For such rules made under this power for various canals in the Pun jab and the N.W.F.P. see Punjab Local Rules and Orders, 
and “Gazette of India”, 1907, Pt. II, p.1065; ibid., 1908, Pt. II, p.649. 
138
Inserted by the Amending Act, 1891 (XII of 1891) dated 21.3.1891, s.2 and Second Schedule Part I. 
(5) generally to carry out the provisions of this Act. 
139
[Rules made under clause (4) may be made to have effect retrospectively 
from any date not earlier than the date on which water has  been supplied or the 
charge has otherwise become leviable under this Act.] 
Publication of rules.– The 
140
[Provincial Government] may from time to time 
141
[* * *] alter or cancel any rules so made. Such rules, alterations and cancelments 
shall be published in the 
142
[Official Gazette], and shall thereupon have the force of 
law. 
143
[SCHEDULE] 
                                                           
139
Added by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965); and published in the Gazette 
of West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.5. 
140
Substituted for the words “Local Government” by  the  Government  of  India  (Adaptation  of  Indian  Laws)  Order,  1937; and 
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. 
141The words “subject to the like control”, repealed by the Devolu tion Act 1920 (XXXVIII of 1920), dated 14.9.1920, s.2 and First 
Schedule Part I. 
142Substituted for the words for the words “Local Official Gazette”  the Government of India (Adaptation of Indian Laws) Order, 
1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937 , pages 75-344, see Article 4 and Table of General 
Adaptations. 
143Repealed by the Repealing Act, 1873 (XII of 1873), s. I and Schedule Pt. II.