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  "title": "THE CANAL AND DRAINAGE ACT, 1873",
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  "text": "THE CANAL AND DRAINAGE ACT, 1873 \r\n(VIII of 1873) \r\nCONTENTS \r\nPART I \r\nPRELIMINARY \r\n1. Short title – Local extent \r\n2. Repealed \r\n3. Interpretation-clause \r\n4. Power to appoint officers \r\n4-A. Organizations of Farmers \r\nPART II \r\nOF THE APPLICATION OF WATER FOR PUBLIC PURPOSES \r\n5. Notification to issue when water -supply is to  be applied for public \r\npurposes \r\n6. Powers of Canal Officer \r\n7. Notice as to claims for compensation \r\n8. No compensation to be awarded for any damage \r\n9. Repealed \r\n10. Repealed \r\n11. Abatement of rent on interruption of water-supply \r\n12. Enhancement of rent on restoration of water-supply \r\n13. Repealed \r\nPART III \r\nOF THE CONSTRUCTION AND MAINTENANCE OF WORKS \r\n14. Power to enter and survey, etc \r\n14-A. Irrigation Schemes \r\n14-B. Development schemes \r\n15. Power  to  enter  for  repairs  and  to  prevent  accidents  Compensation  \r\nfor damage to land \r\n16. Construction and improvement of a water-course \r\n17. Government to provide means of crossing canals \r\n18. Persons  using  water -course  to  construct  works  for  pass ing  water  \r\nacross roads, etc \r\n19. Adjustment of claims between persons jointly using water-course \r\n20. Supply of water through intervening water -courses or change of source \r\nof water supply \r\n20-A. Special powers of Divisional Canal Officer to initiate cases under \r\nsection 20 \r\n20-B. Cutting of supply for any land not being irrigated at site \r\n20-C. Revision \r\n21. Application for acquisition of land and construction works thereafter \r\n22. Procedure of Canal Officer thereupon \r\n23. Application for transfer of existing water course \r\n24. Liability to acquisition \r\n25. When applicant may be placed in occupation \r\n26. Appeal against awards and review \r\n27. Collector, Executive District Officer (Revenue)  and Canal Officer to have \r\npowers of Civil Courts, etc \r\n28. Expenses to be paid by applicant before receiving occupation \r\n29. Conditions binding on applicant placed in occupation \r\n30. Repealed \r\nPART IV \r\nOF THE SUPPLY OF WATER \r\n31. In absence of written contract, water-supply to be subject to rules \r\n32. Conditions as to \r\n32-A. Non-payment of charges \r\nPART V \r\nOF WATER-RATES \r\n33. Liability for unauthorized use of water from canal or water-course \r\n34. Liability when water runs to waste \r\n35. Appeals and revisions \r\n36. Charge on occupier for water, how determined \r\n37. Owner’s rate \r\n38. Amount of owner’s rate \r\n39. Owner’s rate, when not chargeable \r\n40. Repealed \r\n41. Repealed \r\n42. Repealed \r\n43. Repealed \r\n44. Water-rate by whom payable when charged on land held by several \r\nowners \r\n45. Certified dues recoverable as arrears of land-revenue \r\n46. Power to contract for collection of canal-dues \r\n46-A. Agreement with Organization of Farmers \r\n47. Lambardars may be required to collect canal-dues \r\n48. Fines excluded from sections 45, 46, 47 \r\nPART VI \r\nOF CANAL-NAVIGATION \r\n49. Detainer of vessels violating rules \r\n50. Recovery of fines for offences in navigating canals \r\n51. Power to seize and detain vessel on failure to pay charges \r\n52. Power to seize cargo or goods, if charges due thereon are not paid \r\n53. Procedure for recovery of such charges after seizure \r\n54. Procedure in respect of vessels abandoned and goods unclaimed \r\nPART VII \r\nOF DRAINAGE \r\n55. Power to prohibit obstructions or order their removal \r\n56. Power to remove obstructions after prohibition \r\n57. Preparation of Schemes for works of improvement \r\n58. Powers of persons employed on such schemes \r\n59. Rate on land benefited by works \r\n59-A. Prohibition and contr ol regarding the discharge of effluent into canal \r\nand drainage works \r\n60. Recovery of rate \r\n61. Disposal of claims to compensation \r\n62. Limitation of such claims \r\n62-A. Management of sub-soil water \r\n63. Omitted \r\nPART VIII \r\nOF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS \r\n64. Power to prescribe number of labourers to be supplied by persons \r\nbenefited by canal \r\n65 Procedure for obtaining labour for works urgently required \r\n66. Omitted \r\nPART IX \r\nOF JURISDICTION \r\n67. Jurisdiction \r\n68. Settlement of disputes \r\n68-A. Power to restore interrupted supply \r\n69. Enquiry proceedings \r\nPART X \r\nOF OFFENCES AND PENALTIES \r\n70. Offences under the Act \r\n70-A. Compensation to persons injured \r\n71. Saving of prosecution under other laws \r\n72. Omitted \r\n73. Power to arrest without warrant \r\n73-A. Cognizance \r\n74. Definition of “Canal” \r\nPART XI \r\nOF SUBSIDIARY RULES \r\n75. Power to make, alter and cancel rules \r\n \r\nSCHEDULE \r\n1. Repealed \r\nTEXT \r\n1\r\nTHE CANAL AND DRAINAGE ACT, 1873 \r\n(VIII of 1873) \r\n[15th February, 1873] \r\nAn \r\nAct \r\nto regulate Irrigation, Navigation and Drainage \r\n2\r\n[* * *]. \r\nPreamble.– WHEREAS, throughout the territories to which this Act extends,  \r\n3\r\n[the \r\nProvincial Government] is entitled to use and control for public purposes the water of \r\nall rivers and streams flowing in natural cha nnels, and of all lakes \r\n4\r\n[,sub-soil water] \r\nand other natural collections of still water; and whereas it is expedient to amend the \r\nlaw relating to irrigation, navigation and drainage in the said territories; \r\nIt is hereby enacted as follows:– \r\nPART I \r\nPRELIMINARY \r\n1. Short title .– This Act may be called “The \r\n5\r\n[* * *] Canal and Drainage Act, \r\n1873”: \r\nLocal extent.– It extends to \r\n6\r\n[the Punjab] \r\n7\r\n[.] \r\n8\r\n[*  *  *] \r\n                                                           \r\n1For statement of objects and reasons, see Gazette of India, 1872, Pt. V, p. 651; for Reports of Select Committee, see ibid., p. \r\n747 and ibid., Supplement 1873, p. 223; for Pro ceedings in Council, see ibid., Supplement, pp. 919, 956 and 1081; ibid., 1873, \r\nSupplement, pp. 154, 156, 223, 246 and 279. \r\nThis act was published in the Gazette of India, dated 15.2.1873, pages 56-67. \r\n2The words “Northern India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and \r\npublished in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Pages 223 -283, see Article 3 and the Schedule, at entry \r\nNo.48. \r\n3\r\nSubstituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in \r\nthe Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n4Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965); and published in the Gazette \r\nof West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.2. \r\n5The words “Northern India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and \r\npublished in the Gazette of P akistan (Extraordinary), dated 28.3.1949, Pages 223 -283, see Article 3 and the Schedule, at entry \r\nNo.48. \r\n6\r\nSubstituted for the words “West Punjab” by the Federal  Laws (Revision and Declaration) Act, 1951 (XXVI of 1951) ; and \r\npublished in the Gazette of Pakis tan (Extraordinary) dated 12.5.1951, pages 340-388, s.8, which had been substituted for the \r\nwords “the territories [which on the 11th February, 1873, were] respectively under the Govt. of the Lieutenant -Governors of the \r\nNorth-Western Provinces and the Punj ab and under the Administration of the Chief Commissioners of Oudh and the Central \r\nProvinces” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of \r\nPakistan (Extraordinary), dated 28.3.1949, pages 223-283, Schedule The bracketted words substituted for “for the time being” by \r\nthe Government of India (Adaptation of  Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated \r\n1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n7The semi colon occurring after the words “the Punjab” substituted by a full stop , by the Canal and Drainage  (Amendment) Act \r\n2006 (XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.2. \r\n9\r\n[* * * * * * * * * * * *   ] \r\n10\r\n[2.  Repeal of Acts.– *  * * * * * * * *   ] \r\n3. Interpretation-clause.– In this Act– unless there be something repugnant in \r\nthe subject or context— \r\n(1) “Canal” includes– \r\n(a) all canals, channels\r\n11\r\n[, tube -wells] and reservoirs constructed, \r\nmaintained or controlled  by \r\n12\r\n[the Provincial Government] for the \r\nsupply or storage of water; \r\n(b) all works, embankments, structures, supply and escape-channels \r\nconnected with such canals, channels or reservoirs; \r\n(c) all water-courses as defined in the second clause of this section; \r\n(d) any part of a river, stream, lake or natural collection of wate r, or \r\nnatural drainage-channel, to which the \r\n13\r\n[Provincial Government] \r\nhas applied the provisions of Part II of this Act \r\n14\r\n[:] \r\n15\r\n[* * * * * * * * * * *   ] \r\n(2) “Water-course” means any channel which is supplied with water from \r\na canal, but which is not mainta ined at the cost of \r\n16\r\n[the Provincial \r\nGovernment], and all subsidiary works belonging to any such channel; \r\n(3) “Drainage-work” includes escape-channels from a canal, dams, weirs, \r\nembankments, sluices, groins and other works for the protection of \r\nlands from  flood or from erosion , formed or maintained by \r\n17\r\n[the \r\n                                                                                                                                                                                      \r\n8The expression “and applies to all lands, whether permanently settled, temporarily settled, or free from revenue” omitted by the \r\nCanal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in the Punjab Gazette (Extraordinary), w.e.f. \r\n6.11.2006, pages 1575-1582, s.2. \r\n9\r\nCommencement clause repealed by the Repealing Act, 1874 (X of 1874). \r\n10Repealed by the Repealing Act, 1873 (XII of 1873), s. 1 and Sch., Pt. II. \r\n11\r\nInserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 965); and published in the Gazette \r\nof West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.3. \r\n12\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary ), dated 1.4.1937, pages 75 -344, see Article 3 & Schedule I.  ; and published in \r\nthe Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n13\r\nSubstituted for the words “Local Government” by the Government of India (Adapta tion of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n14\r\nSubstituted for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of 2 006); and published in the Punjab \r\nGazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.3. \r\n15Omitted ibid., for the  t he comma , colon and the words  “but does not include a Kareze not constructed at the cost of the  \r\nProvincial Government or the contribution of the Provincial Government in the construction whereof does not  exceed  rupees ten \r\nthousands, and not maintained or controlled by the Provincial Government:” which was inserted through the Canal and Drainage \r\nExtension Act, 1964 (XXIV of 1964); and published in the Gazette of West Pakistan, dated 11.4.1964, pages 1207 -E to 1207-F , \r\ns.3  \r\n16\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n17Substituted ibid. \r\nProvincial Government] under the provisions of Part VII of this Act, but \r\ndoes not include works for the removal of sewage from towns; \r\n(4) “vessel” includes boats, rafts, timber and other floating bodies; \r\n18\r\n[(4A) “Chief  Engineer” means a Chief Engineer declared by the Provincial  \r\nGovernment under section 4:] \r\n19\r\n[(4B) “Deputy  Collector”  means  an  officer  appointed  as  such  by  the  \r\nProvincial Government:] \r\n20\r\n[(5) “Executive District Officer (Revenue) ” means an Executive District \r\nOfficer (Revenue) of a district and includes an officer appointed under \r\nthis Act to exercise all or any of the powers of the Executive District \r\nOfficer (Revenue):] \r\n21\r\n[(6) “Collector” means the Head Revenue Officer of a district and i ncludes \r\nan officer  appointed  under  the  Act  to  exercise  all  or  any  of  the  \r\npowers  of  a Collector:] \r\n(7) “Canal Officer” means an officer appointed under this Act to exercise \r\ncontrol or jurisdiction over a canal or any part thereof; \r\n“Superintending Canal Officer” means an officer exercising general \r\ncontrol over a canal or portion of a canal; \r\n“Divisional Canal Officer” means an officer exercising control over a \r\ndivision of a canal; \r\n“Sub-Divisional Canal Officer” means an officer exercising control \r\nover a sub-division of a canal; \r\n22\r\n[(8) “district” shall have the same meanings as are assigned to this word in \r\nthe Punjab Local Government Ordinance, 2001 (XIII of 2001):] \r\n23\r\n[(9) “Canal Outlet” means a work which passes water from a canal, \r\nincluding a tube -well, to a water course and is constructed, maintained \r\nor controlled by Government \r\n24\r\n[:] \r\n 25\r\n[* * *] \r\n(10) “Internal Khal” means any channel supplied with water from a water -\r\n                                                           \r\n18\r\nby the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in the Punjab Gazette (Extraordinary), w.e.f. \r\n6.11.2006, pages 1575-1582, s.3. \r\n19\r\nInserted ibid. \r\n20\r\nSubstituted ibid. \r\n21Substituted ibid. \r\n22Substituted ibid. \r\n23\r\nAdded by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1 975); and published in the Punjab Gazette \r\n(Extraordinary) dated 3.4.1975, pages 267-282, s.2. \r\n24\r\nSubstituted for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab \r\nGazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.3. \r\n25\r\nThe word “and” omitted ibid. \r\ncourse for watering fields \r\n26\r\n[:] \r\n27\r\n[(11) “Organization of Farmers” means an Organization of Farmers \r\nestablished under this Act and includes any other similar organization \r\nestablished by the Provincial Government or any of its agencies under \r\nany law for the time being in force; and] \r\n 28\r\n[(12) “prescribed” means prescribed by the rules made under this Act.] \r\n4. Power to appoint officers .– The \r\n 29\r\n[Provincial Government], may from time to \r\ntime declare, by notification in the official Gazette, the officers by whom, and the local \r\nlimits within which, all or any of the powers or duties hereinafter conferred or imposed \r\nshall be exercised or performed. \r\nAll officers mentioned in section three, clause (7), shall be respectively subject \r\nto the orders of such officers as the \r\n30\r\n[Provincial Government] from time to time \r\ndirects. \r\n31\r\n[4-A. Organizations of Farmers .– (1) The Provincial Government may constitute \r\nan Organization  of Farmers comprising the local cultivators on a water -course, a \r\ngroup of water-courses or a distributary or a part thereof. \r\n(2) The Provincial Government may entrust any of the functions of Canal  \r\nOfficer under this Act to such an Organization. \r\n(3) The Provincial Government may frame rules for the formation, \r\noperation, functions, jurisdiction and all other related matters of the Organizations of \r\nFarmers.] \r\nPART II \r\nOF THE APPLICATION OF WATER FOR PUBLIC PURPOSES \r\n5. Notification to issue when water -supply is to be applied for public \r\npurposes.–  Whenever it appears expedient to the \r\n32\r\n[Provincial Government] that the \r\nwater of any river or stream flowing in a natural channel or of any lake or other natural \r\ncollection of still water, \r\n33\r\n[or any  sub -soil water,] should be applied or used by \r\n34\r\n[the \r\n                                                           \r\n26\r\nSubstituted ibid, for the full-stop. \r\n27\r\nInserted ibid. \r\n28Inserted ibid. \r\n29Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n30\r\nIbid. \r\n31\r\nAdded by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette \r\n(Extraordinary) dated 3.4.1975, pages 267 -282, s.2, and then substituted by the Canal and Drainage  (Amendment) Act 2006 \r\n(XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582. \r\n32\r\nSubstituted for the words “Local Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n33\r\nInserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII  of 1965); and published in the \r\nGazette of West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.4. \r\n34\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\nProvincial Government] for the purpose of any  existing or projected canal or \r\ndrainage-work, the  \r\n35\r\n[Provincial Government] may, by notification in the official \r\nGazette, declare that the said water will be so applied or used after a day to be \r\nnamed in the said notification, not being earlier than three months from the date \r\nthereof. \r\n6. Powers of Canal Officer.– At any time after the day so named, any Canal \r\nOfficer, acting  under the orders of the \r\n36\r\n[Provincial Government] in this behalf , may \r\nenter on any land and remove any obstructions, and may close any channels, and do \r\nany other thing necessary for such application or use of the said water. \r\n7. Notice as to claims for com pensation.– As soon as is practicable after the \r\nissue of such notification, the Collector shall cause public notice to be given at \r\nconvenient places, stating that \r\n37\r\n[the Provincial Government] intends to apply or use \r\nthe said water as aforesaid, and that cl aims  for compensation in respect of the \r\nmatters mentioned in section eight may be made before him. \r\n38\r\n[8. No compensation to be awarded for any damage .– (1) No compensation \r\nshall be awarded for any damage caused by– \r\n(a) stoppage or diminution of percolation of water or floods; \r\n(b)  deterioration of climate or soil; \r\n(c) stoppage of navigation, or of means of drifting timber or watering cattle;  \r\n(d) displacement of labour; \r\n(e) stoppage or diminution of supply of water through any natural channel \r\nto any defined  artificial channel, whether above or underground, in use \r\nwhether constantly or at intervals at the date of the said notification; \r\n(f) stoppage or diminution of supply of water to any work erected for \r\npurposes of profit on any channel, whether natural or a rtificial, in use at \r\nthe date of the said notification; \r\n(g) stoppage or diminution of supply of water through any natural channel \r\nwhich has been used for purposes of irrigation, whether constantly or at \r\nintervals, before the date of the said notification; \r\n(h) interference with any right to a watercourse or the use of any water to \r\nwhich any person is entitled under the Limitation Act, 1908, Part IV. \r\n                                                                                                                                                                                      \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n35Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n36\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n37\r\nSubstituted ibid., for the word “Government”, see Article 3 & Schedule I. \r\n38Substituted section 8 by the Canal and Drainage (Amendment) Act, 1952 (XIV of 195 2); and published in the Punjab Gazette \r\n(Extraordinary), dated 4.2.1952, pages 107-108, s.2. \r\n(2) No right in respect of any of the matters referred to in clauses (a), (b) \r\nand (c)  of subsection (1) shall be acquired as against the Government under the \r\nLimitation Act, 1908, Part IV; and no right to any such supply of water as is referred to \r\nin clauses (e), (f) and (g) of subsection (1), in respect of work or a channel, as the \r\ncase may be, not in use at the date of the notification shall be acquired, as against \r\nthe Government, except by grant or under the Limitation Act, 1908, Part IV.] \r\n39\r\n[9. * * * * * * * * * * * *   ] \r\n40\r\n[10. * * * * * * * * * * * *   ] \r\n11. Abatement of rent on interruption of water -supply.– Every tenant holding \r\nunder an unexpired lease, or having a right of occupancy, who is in occupation of any \r\nland at the time when any stoppage or diminution of water -supply, \r\n41\r\n[* * *], takes \r\nplace, may claim an abatement of the rent previously payable by him for the said \r\nland, on the ground that the interruption reduces the value of the holding. \r\n12. Enhancement of rent on restoration of water -supply.– If a water -supply \r\nincreasing the value of such holding is afterwards restored to the said land, the rent of \r\nthe tenant may be enhanced, in respect of the increased value of such land due to \r\nthe restored water -supply, to an amount not exceeding that at which it stood \r\nimmediately before the abatement.  \r\n Such enhancement shall be on account only of the restored water -supply, \r\nand shall not affect the liability of the tenant to enhancement of rent on any other \r\ngrounds. \r\n42\r\n[13. * * * * * * * * * * * * * *   ] \r\nPART III \r\nOF THE CONSTRUCTION AND MAINTENANCE OF WORKS \r\n14. Power to enter and survey, etc .– Any Canal Officer or oth er person acting  \r\nunder the general or special order of a Canal Officer,  \r\n may enter upon any lands adjacent to any canal, or through which any canal is \r\nproposed to be made, and undertake surveys or levels thereon; \r\n and dig and bore into the sub-soil; \r\n and make and set up suitable land-marks, level-marks, and water-gauges; \r\n and do all other acts necessary for the proper prosecution of any enquiry \r\nrelating to any existing or projected canal under the charge of the said Canal Officer; \r\n                                                           \r\n39\r\nOmitted ibid., s.3. \r\n40Omitted ibid., s.3. \r\n41\r\nThe words, “in respect of which compensation is allowed under section 8”, omitted ibid., s.3. \r\n42Substituted section 8, by the Canal and Drainage (Amendment) Act, 1952 (XIV of 1952); and published in the Punjab Gazette \r\n(Extraordinary), dated 4.2.1952, pages 107-108, s.3. \r\nPower to clear land .– and, where otherwise such enquiry cannot be \r\ncompleted, such officer or other person may cut down and clear away any part of any \r\nstanding crop, fence or jungle; \r\nPower to inspect and regulate water -supply.– and may also enter upon \r\nany land, building or water -course on account of which any water -rate is chargeable, \r\nfor the purpose of inspecting or  regulating the use of the water supplied, or of \r\nmeasuring the lands irrigated thereby or chargeable with a water-rate, and of doing all \r\nthings necessary for the proper regulation and management of such canal: \r\nNotice of intended entry into houses.– Provided that, if such Canal Officer \r\nor person proposes to enter into any building or enclosed court or garden attached to \r\na dwelling- house not supplied with water flowing fr om any canal, he shall previously \r\ngive the occupier of such building, court or garden at least seven days’ notice in \r\nwriting of his intention to do so. \r\nCompensation for damage caused by entry .– In every case of entry under \r\nthis section, the Canal Officer s hall, at the time of such entry, tender compensation \r\nfor any damage which may be occasioned by any proceeding under this section; and \r\nin case of dispute as to the sufficiency of the amount so tendered, he shall forthwith \r\nrefer the same for decision by the Collector, and such decision shall be final. \r\n43\r\n[14-A. Irrigation Schemes .– (1) Whenever it appears necessary to the Provincial \r\nGovernment to start a project, for which the survey has been conducted under \r\nsection 14, to provide water channels for the irrigat ion purpose, it may cause to be \r\ndrawn the scheme for the layout of water-courses. \r\n(2) The scheme shall be published and if no objection is received within \r\none month of such publication, it shall become final and be binding on all the persons \r\naccepting water under the scheme. \r\n(3) The Divisional Canal Officer shall entertain and decide the objections, \r\nafter such enquiry as he may deem necessary, and his decision shall be final and \r\nbinding on all the persons receiving water under the scheme. \r\n(4) A person accep ting the supply of water under the scheme shall be \r\nbound to allow the use of his land for the construction of the water -courses according \r\nto the final layout of the scheme.] \r\n44\r\n[14-B. Development schemes .– (1) The Provincial Government may plan and \r\nimplement a scheme for development, rehabilitation or improvement of a canal. \r\n(2) The Provincial Government may levy special charges on the irrigators \r\nand other water users of the canal to meet the whole or part of the expense incurred \r\non a scheme under subsection (1).] \r\n                                                           \r\n43\r\nInserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.5. \r\n44Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punja b Gazette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971-3973 s.2. \r\n15. Power to enter for repairs and to prevent accidents .– In case of any \r\naccident happening or being apprehended to a canal , any Divisional Canal Officer or \r\nany person acting  under  his  general  or  special  orders  in  this  behalf  may  enter  \r\nupon  any  lands adjacent to such canal, and may execute all works  \r\n45\r\n[, including \r\ndigging and removing earth,] which may be necessary for the purpose of repairing or \r\npreventing such accident. \r\nCompensation for damage to land .– In every such case such , Canal Officer \r\nor person shall tender compensation to the proprietors or occupiers of the said lands \r\nfor all damage done to the same. If such tender is not accepted, the Canal Officer \r\nshall refer the matter to the Collector, who shall proceed to award compensation for \r\nthe damage as  though the \r\n46\r\n[Provincial Government] had directed the occupation of \r\nthe lands under section Forty-three of the \r\n47\r\nLand Acquisition Act, 1870. \r\n16. \r\n48\r\n[Construction and improvement of a water -course].– Any persons \r\ndesiring to use the water of an y canal, may apply in writing to the Divisional or Sub -\r\nDivisional Canal Officer of the division or  sub -division of the canal from which the \r\nwater-course is to be supplied, requesting such officer to construct  or improve a \r\nwater-course at the cost of the applicants. \r\nContents of application .– The application shall state the works to be \r\nundertaken, their appropriate estimated cost, or the amount which the applicants are \r\nwilling to pay for the same, or whether they engage to pay the actual cost as settled \r\nby the Divisional Canal Officer, and how the payment is to be made. \r\nLiability of applicants for cost of works .– When the assent of the  \r\n49\r\n[Canal \r\nOfficer authorized in this behalf by Provincial Government] is given to such \r\napplication, all the applicants shall, after  the application has been duly attested \r\nbefore the Collector, be jointly and severally liable for the cost of such works to the \r\nextent mentioned therein. \r\nRecovery of amount due .– Any amount becoming due under the terms of \r\nsuch application, and not pa id to the Divisional Canal Officer, or the person \r\nauthorized by him to receive the same, on or before the date on which it becomes \r\ndue, shall, on the demand of such officer, be recoverable by the Collector as if it were \r\nan arrear of land revenue. \r\n17. Government to provide means of crossing canals .– There shall be \r\n                                                           \r\n45\r\nInserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.6. \r\n46Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n47\r\nX of 1870, subsequently replaced by the Land Acquisition Act, 1894 (I of 1894). \r\n48\r\nSubstituted for the words “Application by persons desiring to use the canal-water” by the Canal and Drainage (Amendment) Act \r\n2006 (XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.7. \r\n49\r\nSubstituted for the words “Superintending Canal Officer”, by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of \r\n1962); and published in the Gazette of West Pakistan (Extra ordinary), dated 2.6.1962, pages 2195 -2200, Section 3(2) and \r\nSchedule II. \r\nprovided, at the cost of  \r\n50\r\n[the Provincial Government] , suitable means of crossing \r\ncanals constructed or maintained at the cost of  \r\n51\r\n[the Provincial Government], at such \r\nplaces as  the \r\n52\r\n[Provincial Go vernment] thinks necessary for the reasonable \r\nconvenience of the inhabitants of the adjacent lands. \r\n \r\n53\r\n[Five or  more  inhabitants  of  such  lands  may  make  an  application  to  the \r\nDivisional  Canal Officer to the effect that suitable crossing may be pr ovided on any \r\ncanal. \r\n The Divisional  Canal  Officer  shall  forthwith  forward  the  application  to  the \r\nCollector who shall cause an enquiry to be made into the circumstances of the case, \r\nand if he thinks that the statement is  established, he shall rec ord his opinion thereon \r\nfor the consideration of the Provincial Government, and the Provincial Government \r\nshall cause such measure in reference thereto to be taken as it deems fit.] \r\n18. Persons using water-course to construct works for passing water across  \r\nroads, etc.– The Divisional Canal Officer may issue an order to the person using any \r\nwater-course to construct suitable bridges, culverts or other works for the passage of \r\nthe water of such  water-course across any public road, canal or drainage -channel in \r\nuse before the said water- course was made, or to repair any such works.  \r\nIf they fail, Canal Officer may construct .– Such order shall specify a \r\nreasonable period within which such construction or repairs shall be completed; \r\nand if, after the receipt of s uch order, the persons to whom it is addressed do \r\nnot, within the said period , construct or repair such works to the satisfaction of the \r\nsaid Canal Officer, he may, with the previous approval of the Superintending Canal \r\nOfficer, himself construct or repair the same; \r\nand recover cost.– and if the said persons do not, when so required, pay the \r\ncost of such construction or repairs as declared by the Divisional Canal Officer, the \r\namount shall, on the demand of the Divisional Canal Officer, be recoverable from \r\nthem by the Collector, as if it were an arrear of land-revenue. \r\n19. Adjustment of claims between persons jointly using water-course.– If any \r\nperson, jointly  responsible with others for the construction or maintenance of a water-\r\ncourse, or jointly making use of a water-course with others, neglects or refuses to pay \r\nhis share of the cost of such construction or maintenance , or to execute his share of \r\nany work necessary for such  construction  or  maintenance,  the  Divisional  or  Sub -\r\nDivisional  Canal  Offic er,  on receiving an application in writing from any person \r\ninjured by such neglect or refusal, shall serve notice on all the parties concerned that, \r\non the expiration of a fortnight from the service, he will investigate the case, and shall, \r\n                                                           \r\n50\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n51Substituted ibid. \r\n52\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n53Substituted by the Canal and Drainage (Ame ndment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.8. \r\non the expirat ion of that period, investigate the case accordingly, and make such \r\norder thereon as to him seems fit.  \r\nSuch order shall be appealable to the  \r\n54\r\n[Executive District Officer (Revenue) ], \r\nwhose order thereon shall be final. \r\nRecovery of amount found due.– Any sum directed by such order to be paid \r\nwithin a specified period may, if not paid within such period, and if the order remains \r\nin force, be recovered by the Collector from the person directed to pay the same, as if \r\nit were an arrear of land-revenue. \r\n55\r\n[20. Supply of water through intervening water -courses or change of source \r\nof water supply.– (1) Whenever an application is made to a Divisional Canal Officer \r\nfor the supply of water from a canal through an existing or a new water -course or \r\nchange of source  for  water  supply  of  any  land,  the  Divisional  Canal  Officer,  if  \r\nconsiders  it appropriate, shall– \r\n(a) give public notice to all persons interested and personal notice to the \r\nland- owners through whose land a link water-course is to pass, to show \r\ncause on a day not less than fourteen days from the date of such notice \r\nwhy the said supply should not be so conveyed, or the source of supply \r\nbe changed; \r\n(b) after making a public enquiry, the Divisional Canal Officer shall \r\ndetermine, whether and on what condi tions the said supply shall be \r\nconveyed through such water -course or that the  source  of water \r\nsupply shall be changed or the link water -course shall be aligned and \r\nconstructed; and \r\n(c) subject to policy instructions of the Provincial Government, pass suc h \r\norder as he deems fit. \r\n(2) The Divisional Canal Officer shall, within fifteen days of passing the \r\norder, send the record of the case to the Superintending Canal Officer for further \r\nproceedings. \r\n(3) A person aggrieved by the order passed under sub -section (1) may file \r\nobjections with the Superintending Canal Officer within thirty days of the passing of \r\nsuch order. \r\n(4) The Superintending Canal Officer, at his own or on the objections, shall \r\npass such order as he deems fit within ninety days from the receipt  of the record or \r\nreceiving of the objections. \r\n(5) In case no objections are filed and the Superintending Canal Officer \r\nfails to pass an order within ninety days, the order of the Divisional Canal Officer shall \r\n                                                           \r\n54\r\nSubstituted for the word “Commissio ner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in \r\nthe Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.9. \r\n55Substituted the original section 20  by the Canal and Drainage (Punjab Amendment) Act, 1975 (XX XII of 1975); and published \r\nin the Punjab Gazette (Extraordinary) dated 3.4.1975, pages 267 -282, s.4, and then by the  Canal and Drainage (Ame ndment) \r\nAct 2006 (XVII of 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.10. \r\nbe deemed to have been confirmed and the reco rd shall be sent back to the \r\nDivisional Canal Officer. \r\n(6) The order passed or confirmed under this section shall be final and \r\nbinding on the applicant, the persons responsible for the maintenance of the said \r\nwater-course, all the persons affected by the c hange of source of water supply and \r\nthe land-owners through whose land the link water-course shall pass. \r\n(7) The applicant shall not be entitled to use the said water -course until he \r\nhas paid the expenses of alteration of such water -course necessary in ord er to his \r\nbeing supplied through it, and also such share of the first cost of such water -course \r\nas the Divisional or Superintending Canal Officer may determine. \r\n(8) The applicant shall not be entitled to use the link-water-course, until– \r\n(a) he has paid to  the land-owner the compensation for the land occupied \r\nby such link   water -course  in  whatever  shape  if  it  is  determined  \r\nthrough  mutual agreement; or \r\n(b) possession of land for the said link water -course has been acquired \r\nunder the provisions of this Act. \r\n(9) The applicant shall also be liable for his share of cost of maintenance of \r\nthe water-course as long as he uses it.] \r\n56\r\n[20-A. Special powers of Divisional Canal Officer to initiate cases under \r\nsection 20.– Whenever Government considers it expedi ent for a specific purpose to \r\nempower a Divisional Canal Officer to undertake proceedings under section 20 on his \r\nown initiative, it may confer such a power by a general or special order issued in that \r\nbehalf. \r\n20-B. Cutting of supply for any land not being  irrigated at site .– Whenever, on \r\nan application or otherwise, the Divisional Canal Officer considers it expedient to \r\nterminate the water -supply of any land which cannot be used for agriculture or has \r\nbecome unirrigable, he shall give notice of not less th an fourteen days to the land  \r\nowners and the persons responsible for the maintenance of the water -course through \r\nwhich such supply is conveyed, to show cause why such supply should not be cut off, \r\nand after making enquiry, the  said Canal Officer may pass o rders to stop the \r\ncomplete or partial supply of water. \r\n(2) After the expiry of thirty days of the announcement of the decision by \r\nthe Divisional Canal Officer, if no objection is received and after giving due \r\nopportunity of hearing, if any objection is rec eived, the Superintending Canal Officer \r\nmay confirm or modify it. The decision of the Superintending Canal Officer shall be \r\nfinal and binding on the parties concerned]. \r\n                                                           \r\n56\r\nSections 20-A and 20-B added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975); and published in \r\nthe Punjab Gazette (Extraordinary) dated 3.4.1975, pages 267-282, s.5. \r\n57\r\n[20-C. Revision.– (1) The Government shall constitute a Board consisting of \r\ntwo or mor e Superintending Canal Officers to hear and decide revision under \r\nthis section. \r\n(2) The Board may, on an application by an aggrieved person or on \r\nhis own, revise any decision of a Canal Officer under section 20, 20-A or 20-B if: \r\n(a) evidence or material of ill egality, negligence or fraud is available \r\non record; or \r\n(b) any error in controlling factors effecting supply of water is noticed. \r\n(3) If there is sufficient evidence or material available on record that the \r\ndecision of the Canal Officer or the report, on the basis of which the decision is made, \r\nis based on bad intention or motive or gross negligence, the Board may refer the \r\nmatter to the competent authority for disciplinary or other action against the \r\nresponsible officer.] \r\n58\r\n[21. Application for acquisition of land and construction works thereafter .– \r\nWhenever, it is considered  necessary to acquire land for construction of a link water -\r\ncourse sanctioned under  section 20, or section 68 or deposit of soil from a water -\r\ncourse clearances permitted under section  68 a nd transfer of an existing water \r\ncourse sanctioned under section 23, the interested person may apply in writing to the \r\nDivisional Canal Officer, stating– \r\n(i) that he has endeavoured unsuccessfully to acquire from the owner, the \r\nland required for the constr uction of the link water -course, or for the \r\ndeposit of soil from the water -course, or for the transfer of the existing \r\nwater-course; \r\n(ii) that he desires the said Canal Officer, in his behalf and at his cost, to do \r\nall things necessary for acquiring such land; and \r\n(iii) that he is able to defray all costs involved in acquiring such land and \r\nconstructing such water-course with connected works]. \r\n59\r\n[22. Procedure of Canal Officer thereupon .– If the Divisional Canal Officer is \r\nsatisfied that the statements in th e application are true, he shall call upon the \r\napplicant to make such deposit as the Divisional Canal Officer considers necessary to \r\ndefray the cost of the preliminary proceedings, and the amount of any compensation \r\nwhich he considers likely to become due under this Act; and upon such deposit being \r\nmade, he shall mark out the land which will be necessary to occupy for the said \r\npurpose, and shall forthwith publish a notice in every village that so much of such \r\nland as belongs to such village has been so mark ed out, and shall send a copy of \r\nsuch notice to the Collector of every District in which any part of such land is \r\nsituated]. \r\n                                                           \r\n57Inserted by the Canal and Drainage (Amendment) Act 20 16 (XII of 2016), published in the Punjab Gazette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971-3973 s.3. \r\n58Substituted ibid., s.6. \r\n59\r\nSubstituted ibid., s.7. \r\n60\r\n[23. Application for transfer of existing water course .– Whenever application is \r\nmade to a Divisional Canal Officer for transfer o f an existing water -course from its \r\npresent owner to the applicant, and it appears to him expedient that such transfer \r\nshould be made in the interest of irrigation, he shall give notice to the person owning \r\nsuch water-course to cause, on a day not less tha n fourteen days from the date of \r\nsuch notice, why the said water -course should not be so transferred, and after \r\nmaking enquiry on such day, the Divisional Canal Officer shall determine whether and \r\non what condition the said water-course shall be transferred. \r\n After the expiry of thirty days of the announcement of the decision of the \r\nDivisional Canal Officer, if no objection is received and after giving due opportunity of \r\nhearing, if any objection is received, the Superintending Canal Officer may confirm or \r\nmodify that decision. The decision of the Superintending Canal Officer shall be final \r\nand binding on the parties concerned. \r\nThe applicant shall not be entitled to use the said water-course, until– \r\n(a) he has paid to the owner, the compensation thereof in w hatever shape \r\nit is determined through mutual agreement; or \r\n(b) possession of the water-course has been acquired under the provisions \r\nof this Act]. \r\n61\r\n[24. Liability to acquisition .– Notwithstanding anything to the contrary contained \r\nin the Land Acquisition Act, 1894, or any other law for the time being in force , all land \r\nwithin the province shall be liable to acquisition at any time under this Act for \r\nconstructing a water-course or an internal khal]. \r\n62\r\n[25. When applicant may be placed in occupation .– (1) Within fourteen days of \r\nthe publication of the notice under section 22, any person interested in the land to \r\nwhich the notice refers,  may  apply to the Superintending Canal Officer by petition, \r\nstating his objection to the acquisition of land for which the a pplication has been \r\nmade. \r\nThe Superintending Canal Officer may either reject the petition or may make \r\nalteration in the  alignment of the proposed water-course as he thinks fit after hearing \r\nthe Divisional Canal Officer or his representative and the applic ant or interested \r\npersons by giving them previous notice. \r\n Notwithstanding anything to the finality of orders made under section 20, \r\nsection 23 and section 68, the alteration made under this section by the \r\nSuperintending Canal- officer shall be construed a s modification made in the orders \r\nalready made under the above said sections to the extent of orders passed under this \r\nsection. \r\nThe Superintending Canal Officer shall record in writing all orders passed by \r\n                                                           \r\n60Substituted ibid., s.8. \r\n61Substituted ibid., s.9. \r\n62Substituted ibid., s.10. \r\nhim under this section and grounds thereof. The or ders of the Superintending Canal \r\nOfficer shall be final and binding on all the parties. \r\nThe Superintending Canal Officer shall inform the Collector of the District, \r\nDivisional Canal Officer and the applicant of the order passed by him. \r\n(2)  After the expir y of fourteen days of the publication of the notice under \r\nsection 22, if no appeal is preferred to the Superintending Canal Officer and on the \r\nannouncement of the  decision  of  the  Superintending  Canal  Officer  when  appeal  \r\nis  preferred  to  him  as aforesaid the Collector shall proceed within fourteen days to \r\nacquire such land or transfer such water -course and determine the necessary \r\ncompensation; provided that the Collector shall take possession under this section \r\nafter giving to the occupier thereof notice of fourteen days of his intention to do so]. \r\n63\r\n[26. Appeal against awards and review .– (1) The  person  entitled  to \r\ncompensation under the awards may accept the award and intimate acceptance in \r\nwriting to the Collector within fifteen days from the  date of the announcement of \r\naward. \r\n(2) Any  person  aggrieved  by  the  award  of the  Collector  may  within  \r\none month of such award appeal to the  \r\n64\r\n[Executive District Officer (Revenue) ]. \r\nWhere the affected party had no intimation of the award, the appe al may be filed \r\nwithin six weeks of the award. The  \r\n65\r\n[Executive  District Officer (Revenue)] may after \r\ngiving the person affected an opportunity of being heard make such order as he may \r\ndeem fit. \r\n(3) The order of the \r\n66\r\n[Executive District Officer (Revenue)] made on appeal \r\nshall be final and shall not be called into question in any Court. \r\n(4) The Collector or the  \r\n67\r\n[Executive District Officer (Revenue) ] either of his \r\nown motion or on application made to him in this behalf by any affected person may \r\nat any time review an order made by himself or his predecessor in so far as it corrects \r\nan arithmetical, clerical or patent error or mistake only]. \r\n68\r\n[27. Collector, \r\n69\r\n[Executive District Officer (Revenue) ] and Canal Officer to \r\nhave powers of Civil Courts, etc .– The Col lector, \r\n70\r\n[Executive District Officer \r\n(Revenue)] and a Canal Officer making any enquiry or conducting any proceedings or \r\n                                                           \r\n63Substituted ibid., s.11. \r\n64\r\nSubstituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in \r\nthe Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.11. \r\n65\r\nIbid. \r\n66\r\nIbid. \r\n67\r\nIbid. \r\n68\r\nSubstituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette \r\n(Extraordinary) dated 3.4.1975, pages 267-282, s.12. \r\n69\r\nSubstituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and publ ished in \r\nthe Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.12. \r\n70\r\nIbid. \r\nexercising the powers of appeal or review under sections 25 and 26 of this Act shall \r\nhave the same powers in respect of  the following ma tters as are vested in a Civil \r\nCourt, when trying a suit, under the Code of Civil  Procedure, 1908 (Act V of 1908), \r\nnamely– \r\n(a) summoning and enforcing attendance of any person, examining him on \r\noath or affirmation; \r\n(b) requiring the discovery and production of any document;  \r\n(c)   requisitioning any record from any court or office; \r\n(d) issuing commissions for examination of witnesses, inspection of \r\nproperty or making any local investigation; \r\n(e) appointing guardians ad litem or next friends; \r\n(f) adding or s ubstituting representatives of deceased parties to \r\nproceedings; \r\n(g)  adding or dropping parties from pending proceedings; \r\n(h) dismissal in default of appearance and restoration of cases dismissed \r\nfor default; \r\n(i) consolidating and splitting up cases; and \r\n(j) any other matter connected with the holding of any inquiry or hearing of \r\nan appeal]. \r\n71\r\n[28. Expenses to be paid by applicant before receiving occupation .– On \r\ncompletion of proceedings under section 25 and delivery of possession of land, the \r\nDivisional Canal Officer may allow the applicant to construct the water -course but no \r\nsuch applicant shall be permitted to make use of such land or water-course for the \r\nrequisite purpose, until he has paid such amount as the Collector determines to be \r\ndue as compensation for the land or water-course so occupied or transferred, and for \r\nany damage caused by the marking out or occupation of such land, together with all \r\nexpenses incidental to such occupation or transfer. \r\nIf any part of compensation and expenses are not paid when demanded by the \r\nperson entitled to receive the same, the amount may be recovered by the Collector \r\nas if it were an arrear of land revenue, and shall, when recovered, be paid by him to \r\nthe person entitled to receive the same]. \r\n72\r\n[29. Conditions binding  on applicant placed in occupation .– When any such \r\napplicant is  placed in occupation of land or of a watercourse, or an internal khal as \r\naforesaid and permitted to use the same for the requisite purpose, the following rules \r\nand conditions shall be binding on him and his representative-in-interest. \r\nFirst– All works necessary for the passage across such watercourse or \r\n                                                           \r\n71\r\nSubstituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette \r\n(Extraordinary) dated 3.4.1975, pages 267-282, s.13. \r\n72Substituted ibid., S.14. \r\nwatercourses, or land acquired for the deposit of soil, existing previous to its \r\nconstruction and of the drainage intercepted by it, and for a ffording proper \r\ncommunications across it, for convenience of the neighbouring lands, shall be \r\nconstructed by the applicant, and be maintained by him or his representative -in-\r\ninterest to the satisfaction of the Divisional Canal Officer. \r\nSecond– Land acquired for the purposes enumerated in section 21, shall be \r\nused only for those purposes. \r\nThird– The proposed water-course shall be completed to the satisfaction of the \r\nDivisional Canal Officer within one year after the applicant is placed in occupation of \r\nthe land. \r\nIn cases in which land is occupied or a water-course is transferred on the \r\nterms of a rent-charge. \r\nFourth–  The  applicant  or  his  representative -in-interest  shall,  so  long  as  \r\nhe occupies such land or watercourse, pay rent for the same at such rate and on \r\nsuch days as are determined by the Collector when the applicant is placed in \r\noccupation. \r\nFifth– If the right to occupy the land ceases owing to a breach of any of the \r\nrules, the liability to pay the said rent shall continue until the applicant or his \r\nrepresentative-in-interest has restored the land to its original condition, or until he has \r\npaid by way of compensation for any injury done to the said land, such amount and to \r\nsuch persons as the Collector determines. \r\nSixth– The Collector may, on t he application of the person entitled to receive \r\nsuch rent or compensation, determine the amount of rent due or assess the amount \r\nof such compensation; and, if any such rent or compensation be not paid by the \r\napplicant or his representative-in-interest, the Collector may recover the amount, with \r\ninterest thereon at the rate of ten per cent per annum from the date on which it \r\nbecame, due, as if it were an arrear of land -revenue, and shall pay the same, when \r\nrecovered, to the person to whom it is due. \r\nIf any of the rules and conditions prescribed by this section are not complied \r\nwith, or if any water-course constructed or transferred under this Act is disused for \r\nthree years continuously, the right of the applicant, or of his representative -in-interest, \r\nto occupy land or water-course shall cease absolutely]. \r\n73\r\n[30. * * * * * * * * * * * *   ] \r\nPART IV \r\nOF THE SUPPLY OF WATER \r\n31.  In absence of written contract, water-supply to be subject to rules.– In the \r\nabsence of a written contract, or so far as any such contra ct does not extend, every \r\nsupply of canal -water  shall be deemed to be given at the rates and subject to the \r\n                                                           \r\n73Omitted ibid., s.15. \r\nconditions prescribed by the rules to be made by the  \r\n74\r\n[Provincial Government] in \r\nrespect thereof. \r\n32. Conditions as to .– Such contracts and rules m ust be consistent with the \r\nfollowing conditions– \r\n(a) power to stop water -supply.– The Divisional Canal Officer may not \r\nstop the supply of water  to any water-course, or to any person, except \r\nin the following cases:– \r\n(1) whenever and so long as it is necess ary to stop such supply for \r\nthe purpose of executing any work ordered by competent \r\nauthority and with the previous sanction of the  \r\n75\r\n[Provincial \r\nGovernment]; \r\n(2) whenever and so long as any water-course is not maintained in \r\nsuch proper customary repair as t o prevent the wasteful escape \r\nof water therefrom; \r\n(3) within periods fixed from time to time by the Divisional Canal \r\nOfficer: \r\n(b) claims to compensation in case of failure or stoppage of supply .– \r\nNo claim shall be made against  \r\n76\r\n[the Provincial Government] for \r\ncompensation in respect of loss caused by the failure or stoppage of the \r\nwater in a canal, by reason of any cause beyond the  control of  \r\n77\r\n[the \r\nProvincial Government], or of any repairs, alterations or additions to the \r\ncanal, or of any measures taken for  regulating the proper flow of water \r\ntherein, or for maintaining the established  course of irrigation which the \r\nDivisional Canal Officer considers necessary; but the person suffering \r\nsuch loss may claim such remission of the ordinary charges payable for \r\nthe use of the water as is authorized by the \r\n78\r\n[Provincial Government]: \r\n(c) claims on account of interruption from other causes .– If the supply \r\nof water to any  land  irrigated  from  a  canal  be  interrupted  otherwise  \r\nthan  in  the manner described in th e last  preceding clause, the \r\noccupier or owner of such land may present a petition for compensation \r\nto the Collector for any loss arising from such interruption,   and   the   \r\nCollector   may   award   to   the   petitioner   reasonable compensation \r\nfor such loss: \r\n(d) duration of supply .– When the water of a canal is supplied for the \r\nirrigation of a single crop, the permission to use such water shall be \r\n                                                           \r\n74Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order,  1937; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n75Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n76Substituted ibid., for the word “the Government”. \r\n77\r\nIbid. \r\n78Substituted ibid., Article 4 and Table of General Adaptations, for the words “Local Government”. \r\nheld to continue only until that crop comes to maturity, and to apply only \r\nto that crop; but if it be su pplied for irrigating two or more crops to be  \r\nraised  on the same land within the year, such permission shall be held \r\nto continue for one year from the commencement of the irrigation, and \r\nto apply to such crops only as are matured within that year: \r\n(e) sale or subletting of right to use canal water .– Unless with the \r\npermission of the Superintending Canal Officer, no person entitled to \r\nuse the water of any canal, or any work,  building or land appertaining to \r\nany canal, shall sell or sublet or otherwise transfer his right to such use: \r\nProvided that the former part of this clause shall not apply to the use by a \r\ncultivating tenant of water supplied by the owner of a water -course for the irrigation of \r\nthe land held by such tenant; \r\nTransfer, with land, of contracts for water.– But all contracts made between \r\n79\r\n[the Provincial Government] and the owner or occupier of any immovable property, \r\nas to the supply of canal -water to such property shall be transferable therewith, and \r\nshall be presumed to have been so transfe rred whenever a transfer of such property \r\ntakes place: \r\n(f) no right acquired by user .– No right to the use of the water of a canal \r\nshall be, or be deemed to have been acquired under the  \r\n80\r\nIndian \r\nLimitation Act, 1877, Part IV, nor shall \r\n81\r\n[the Provincial Government] be \r\nbound to supply any person with water except in accordance with the \r\nterms of a contract in writing. \r\n82\r\n[32-A. Non-payment of charges .– (1) If a person fails to pay charges under \r\nsection31, 33, 34, 36 or 45 within the prescribed period, the Division al Canal Officer \r\nmay, after prior notice to the person, exclude the person from warabandi or cancel \r\nthe agreement of filling of tanks and ponds with that person. \r\n(2) Any person aggrieved of the order of the Divisional Canal Officer under \r\nsubsection (1) may, within thirty days from the date of the order, file an appeal before \r\nthe Superintending Canal Officer who shall decide the appeal with in thirty days from \r\nthe date of filing the appeal.] \r\nPART V \r\nOF WATER-RATES \r\n83\r\n[33. Liability for unauthorized use of water from canal or water -course.– (1) \r\n                                                           \r\n79\r\nSubstituted for the words “the Government” by the Governme nt of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n80\r\nXV of 1877, subsequently replaced by the Limitation Act, 1908 (IX of 1908). \r\n81\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n82Inserted by the Canal a nd Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab Gazette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971-3973 s.4. \r\n83Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Pun jab \r\nGazette (Extraordinary) dated 3.4.1975, pages 267-282, s.16, and  then by the Canal and Drainage (Amendment) Act 2006 (XVII \r\nWhen the water of a canal is used in an unauthorized manner, the Divisional Canal \r\nOfficer shall, after holding an enquiry or causing it to be held including identification of \r\nthe person committing the offence and considerin g the evidence of the Organization \r\nof Farmers, levy the prescribed charges in the prescribed manner from the person by \r\nwhose act such use has occurred and  if such person cannot be identified, from the \r\nperson on whose land the water has flowed and such land has derived benefit from it. \r\n(2) Where the water used in an unauthorized manner has been taken from \r\na water- course, the Deputy Collector, after holding an inquiry, may levy the charges– \r\n(a) from the person by whose act or neglect such use has taken place; or \r\n(b) if such person cannot be identified, from the person on whose land the \r\nwater has flowed and such land has derived benefit from it; and \r\n(c) if such person cannot be identified or the land, on which water has \r\nflowed, has derived no benefit from it,  from all persons chargeable in \r\nrespect of the water supplied through such water-course.] \r\n34. Liability when water runs to waste .– If water supplied through a water -\r\ncourse be suffered to run to waste, and if, after enquiry by \r\n84\r\n[the Deputy Collector], the \r\nperson through whose act or neglect such water was suffered to run to waste cannot \r\nbe discovered , all the persons chargeable in respect of the water supplied through \r\nsuch water-course shall be jointly liable for the charges made in respect of the water \r\nso wasted. \r\n85\r\n[35. Appeals and revisions.– (1) Any person aggrieved by an order passed by the \r\nDivisional Canal Officer in respect of a question under section 33 may, within thirty \r\ndays of the passing of such order, appeal to the  Superintending Canal Officer who  \r\nafter giving such person an opportunity of being heard, may confirm, modify or set \r\naside the order of the Divisional Canal Officer. \r\n(2) Any person aggrieved by an order passed by the Deputy Collector \r\nunder section 33 or under section 34 may, within thirty  days of the passing of such \r\norder, appeal to the Divisional Canal Officer, who, after giving such person an \r\nopportunity of being heard, may confirm, modify or set aside the order of the Deputy \r\nCollector. \r\n(3) Subject to the deposit of charges and penalties  to the satisfaction of the \r\nrevisional authority, a revision shall lie before the Chief Engineer against the order \r\npassed by the Superintending Canal Officer under this section within ninety days of \r\nthe passing of the order. \r\n(4) The order passed by the rev isional authority shall be final and the \r\n                                                                                                                                                                                      \r\nof 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.13. \r\n84Substituted for the words “the Divisional Canal Officer” by the Canal and Drainage (Amendment) Act 2006 (XVII of 200 6); and \r\npublished in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.14.  \r\n85Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab \r\nGazette (Extraordinary) dated 3.4.1975, pages 267-282, s.17, and  then by the Canal and Drainage (Amendment) Act 2006 (XVII \r\nof 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.15. \r\namount of the charges and penalties deposited with the revisional authority shall be \r\nliable to be adjusted or refunded accordingly. \r\n(5) The Divisional Canal Officer, Superintending Canal Officer or the Chief \r\nEngineer, as the case may be, exercising powers under this section shall not \r\nsuspend or stay the process of recovery of the charges levied under section 33 or \r\nsection 34. \r\n(6) All charges for the unauthorized use or waste of water may be \r\nrecovered in addition to a ny penalties incurred on account of such unauthorized use \r\nor waste.] \r\n36. Charge on occupier for water, how determined .– The rates to be charged \r\nfor canal-water  supplied  for  purposes  of  irrigation  to  the  occupiers  of  land  shall  \r\nbe determined by the rules\r\n86 to be made by the \r\n87\r\n[Provincial Government], and such \r\noccupier as accept the water shall pay for it accordingly. \r\nOccupier’s rate.– A rate so charged shall be called the “occupier’s rate”. \r\n88\r\n[The rules hereinbefore referred to may prescribe and det ermine what \r\npersons or classes of persons are to be deemed to be occupiers for the purposes of \r\nthis section, and may also determine the several liabilities, in respect of the payment \r\nof the occupier’s rate, of tenants and of persons to whom tenants may hav e sublet \r\ntheir lands or of proprietors and of persons to whom proprietors may have let the \r\nlands held by them in cultivating occupancy]. \r\n37. Owner’s rate .– In addition to the occupier’s rate, a rate to be called the \r\n“owner’s rate” may be imposed, according  to rules\r\n89 to be made by the \r\n90\r\n[Provincial \r\nGovernment], on the owners of canal -irrigated lands, in respect of the benefit which \r\nthey derive from such irrigation. \r\n38. Amount of owner’s rate .– The owner’s rate shall not exceed the sum which , \r\nunder the rules f or the time being in force for the assessment of land -revenue, might \r\nbe assessed on such land, on account of the increase in the annual value or produce \r\nthereof caused by the canal -irrigation. And for the purpose of this section only, land \r\nwhich is permanently settled or held free of revenue , shall be considered as though it \r\nwere temporarily settled and liable to payment of revenue. \r\n39. Owner’s rate not chargeable  in respect of land temporarily assessed to \r\nland-revenue at irrigation-rates.– No owner’s rate shall be chargeable either on the \r\nowner or  occupier of land temporarily assessed to pay land -revenue at irrigation -\r\n                                                           \r\n86\r\nFor instance of such notifications, see Punjab Gazette, 1993, Pt. I. pp. 223 and 224. \r\n87\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n88\r\nInserted by the Northern India Canal and Drainage (Amendment) Act 1899 (XVI of 1899). \r\n89\r\nFor instance of such notifications, see Punjab Gazette, 1993, Pt. I. pp. 223 and 224. \r\n90\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\nrates, during the currency of such assessment. \r\n40 to 43 \r\n91\r\n[When occupier to pay both rates: apportionment of owner’s: when owner \r\nto pay  owne r’s  rate: effect  of  introduction  of  canal -irrigation  on  landlord’s  right  \r\nto enhance]. \r\n44. Water-rate by whom payable when charged on land held by several \r\nowners.– Where a water-rate is charged on land held by several joint owners, it shall \r\nbe payable by the manager or other person who receives the rents or profits of such \r\nland, and may be deducted by him from such rents or profits before division, or may \r\nbe recovered by him from the persons liable to such rate in the manner  customary in \r\nthe recovery of other charges on such rents or profits. \r\nRecovery of Charges \r\n92\r\n[45. Certified  dues  recoverable  as  arrears  of  land  revenue .–  Any  sum \r\nlawfully due under this Part and certified by Divisional Canal Officer to be so due shall \r\nbe recovered as arrears of land revenue by– \r\n(a) the Collector, in case of water used for irrigation purposes; and \r\n(b) the Deputy Collector in case of water used for non-irrigation purposes.] \r\n46. Power to contract for collection of canal -dues.– The Divisional Canal \r\nOfficer or t he  Collector  may enter into an agreement with any person for the \r\ncollection and payment to the \r\n93\r\n[Provincial Government] by such person of any sum \r\npayable under this Act by a third party. \r\nWhen such agreement has been made, such person may recover such sum by \r\nsuit as though it were a debt due to him, or an arrear of rent due to him on account of \r\nthe land, work or building in respect of which such sum is payable, or for or in which \r\nthe canal- water shall have been supplied or used. \r\nIf such person makes defau lt in the payment of any sum collected by him \r\nunder this section, such sum may be recovered from him by the Collector under \r\nsection forty-five; and if such sum or any part of it be still due by the said third party, \r\nthe sum or part so due may be recovered in like manner by the Collector from such \r\nthird party. \r\n94\r\n[46-A. Agreement with Organization of Farmers .– The Divisional Canal Officer or \r\nthe Collector may enter into agreement with an Organization of Farmers for the \r\ncollection and payment to the Provincial Government of any sum payable under this \r\n                                                           \r\n91Repealed by the Punjab Tenancy Act 1887 (XVI of 1887), s. 3 and Schedule. \r\n92Substituted by the Canal and Drainage (Ame ndment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.16. \r\n93Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n94\r\nInserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.17. \r\nAct, and thereafter any such Organization shall be deemed to be a person entering \r\ninto agreement with the Divisional Canal Officer or the Collector.] \r\n47. Lambardars may be required to collect canal -dues.– The Collec tor may \r\nrequire the lambardar, or person under engagement to pay the land -revenue of any \r\nestate, to collect and pay any sums payable under this Act by a third party, in respect \r\nof any land or water in such estate.  \r\nSuch sums shall be recoverable by the Col lector as if they were arrears of \r\nland-revenue due in respect of the defaulter’s share in such estate; \r\nand for the purpose of collecting such sums from the subordinate zamindars, \r\nryots, \r\n95\r\n[tenants or sub-tenants], such lambardar or person may exercise the p owers, \r\nand shall be subject to the rules, laid down in the law for the time being in force , in \r\nrespect to the collection by him of the rents of land or of shares of land -revenue. The \r\n96\r\n[Provincial Government] shall provide– \r\n(a) for remunerating persons collecting sums under this section; or \r\n(b) for  indemnifying  them  against  expenses  properly  incurred  by  them  \r\nin  such collection; or \r\n(c) for both such purposes. \r\n48. Fines excluded from sections 45, 46, 47 .– Nothing in sections forty-five, \r\nforty-six, or forty-seven applies to fines. \r\nPART VI \r\nOF CANAL-NAVIGATION \r\n49. Detainer of vessels violating rules .– Any vessel entering or navigating any \r\ncanal contrary to the rules made in that behalf by the  \r\n97\r\n[Provincial Government], or so \r\nas to cause danger to the cana l or the other vessels therein, may be removed or \r\ndetained, or both removed and detained, by the Divisional Canal Officer, or by any \r\nother person duly authorized in this behalf. \r\nLiability of owners of vessels causing damage .– The owner of any vessel \r\ncausing damage to a canal, or removed or detained under this section, shall be liable \r\nto pay to \r\n98\r\n[the Provincial Government] such sum as the Divisional Canal Officer, with \r\nthe approval of the Superintending Canal Officer, determines to be necessary to \r\ndefray the expenses of repairing such damage , or of such removal or detention, as \r\nthe case may be. \r\n                                                           \r\n95\r\nSubstituted for the words “or tenants” by the Northern India Canal and Drainage (Amendment) Act, 1899 (XVI of 1899. \r\n96\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n97\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations.  \r\n98\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n50. Recovery of fines for offences in navigating canals .– Any fine imposed \r\nunder this Act upon  the owner of any vessel, or the servant or agent of such owner \r\nor other person in charge of any vessel, for any offence in respect of the navigation of \r\nsuch vessel, may be recovered either in the manner prescribed by the Code of \r\nCriminal Procedure , or, if the Magistrate imposing the fine so directs, as though it \r\nwere a charge due in respect of such vessel. \r\n51. Power to seize and detain vessel on failure to pay charges .– If any charge \r\ndue under the provisions of this Part in respect of any vessels not paid on demand to \r\nthe person authorized to collect the same, the Divisional C anal Officer may seize and \r\ndetain such vessel and the furniture thereof, until the charge so due, together with all \r\nexpenses and additional charges arising from such seizure and detention, is paid in \r\nfull. \r\n52. Power to seize cargo or goods, if charges due thereon are not paid .– If \r\nany charge due under the provisions of this Part in respect of any cargo or goods  \r\ncarried in a Government vessel on a canal, or  stored on or in lands or warehouses , \r\noccupied for the purposes of a canal is not paid on demand to t he person authorized \r\nto collect the same, the Divisional Canal Officer may seize , such cargo or goods and \r\ndetain them until the charge so due,  together with all expenses and additional \r\ncharges arising from such seizure and detention, is paid in full. \r\n53. Procedure for recovery of such charges after seizure .– Within a \r\nreasonable time after any seizer under section fifty-one or section fifty-two the said \r\nCanal Officer shall give notice to the owner or person in charge of the property seized \r\nthat it, or such portion of it as may be necessary, will, on a day to be named in the \r\nnotice, but not sooner than fifteen days from the date of the notice, be sold in \r\nsatisfaction of the claim on account of which such property was seized, unless the \r\nclaim be discharged before the day so named: \r\nAnd, if such claim be not so discharged, the said Canal Officer may, on such \r\nday, sell the property seized or such part thereof as may be necessary to yield the \r\namount due, together with the expenses of such seizure and sale: \r\nProvided that no greater part of the furniture of any vessel or of any cargo or \r\ngoods shall be so sold than shall, as nearly as may be, suffice to cover the amount \r\ndue in respect of such vessel, cargo or goods. \r\nThe residue of such furniture, cargo or goods, and of  the proceeds of the sale, \r\nshall be made over to the owner or person in charge of the property seized. \r\n54. Procedure in respect of vessels abandoned and goods unclaimed.– If any \r\nvessel found abandoned in a canal, or any cargo or goods carried in a Governme nt \r\nvessel on a canal or stored on or in lands or warehouses occupied for the purposes \r\nof a canal be left  unclaimed  for  a  period  of  two  months,  the  Divisional  Canal  \r\nOfficer  may  take possession of the same.  \r\nThe officer so taking possession may publish a notice that, if such vessel and \r\nits contents, or such cargo or goods, are not claimed previously to a day to be named \r\nin the notice, not sooner than thirty days from the date of such notice, he will sell the \r\nsame; and, if such vessel, contents, c argo or goods be not so claimed, he may, at \r\nany time after the day named in the notice, proceed to sell the same. \r\nDisposal of proceeds of sale.– The said vessel and its contents, and the said \r\ncargo or goods, if unsold, or, if a sale has taken place, the pr oceeds of the sale, after \r\npaying all tools, charges and expenses incurred by  the Divisional Canal Officer on \r\naccount of the taking possession and sale, shall be made over to the owner of the \r\nsame, when his ownership is established to the satisfaction of t he Divisional Canal \r\nOfficer. \r\nIf the Divisional Canal Officer is doubtful to whom such property or proceeds \r\nshould be made over, he may direct the property to be sold as aforesaid, and the \r\nproceeds to be paid into the district treasury, there to be held unt il the right there to \r\nbe decided by a Court of competent jurisdiction. \r\nPART VII \r\nOF DRAINAGE \r\n55. Power to prohibit obstructions or order their removal .– Whenever it \r\nappears to the \r\n99\r\n[Provincial Government] that injury to any land or the public health or \r\npublic convenience  has  arisen  or  may  arise  from  the  obstruction  of  any  river,  \r\nstream  or drainage-channel,  such   Government  may,  by  notification  published  in  \r\nthe  official Gazette, prohibit, within limits to be  defined in such notification , the \r\nformation of any obstruction, or may, within such limits, order the removal or other \r\nmodification of such obstruction.  Thereupon so much of the said river, stream or \r\ndrainage-channel as is comprised within such limits , shall be held to be a drainage -\r\nwork as defined in section three. \r\n56. Power to remove obstructions after prohibition .– The Divisional Canal \r\nOfficer, or other person authori zed by the  \r\n100\r\n[Provincial Government] in that behalf, \r\nmay, after such publication , issue an order to the person causin g or having control \r\nover any such obstruction to remove or modify the same within a time to be fixed in \r\nthe order. \r\nIf, within the time so fixed, such person does not comply with the order, the \r\nsaid Canal Officer may himself remove or modify the obstruction ; and if the person to \r\nwhom the order was issued does not, when called upon, pay the expenses involved \r\nin such removal or modification, such expenses shall be recoverable by the Collector \r\nfrom him or his representative in interest as an arrear of land-revenue. \r\n57. Preparation of schemes for works of improvement .– Whenever it appears \r\nto the \r\n101\r\n[Provincial Government] that any drainage -works are necessary for the \r\nimprovement of any lands, or for the proper cultivation or irrigation thereof,  or that \r\n                                                           \r\n99Substituted for the words  “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n100\r\nIbid. \r\n101\r\nIbid. \r\nprotection from floods or other accumulations of water, or from erosion by a river, is \r\nrequired for any lands,  the \r\n102\r\n[Provincial Government] may cause a scheme for such \r\ndrainage-works to be drawn  up  and published, together with an estimate of its cost  \r\n103\r\n[* * *] and a schedule of the lands which it is proposed to make chargeable in \r\nrespect of the scheme. \r\n58. Powers of persons employed on such schemes .– The persons authori zed \r\nby the \r\n104\r\n[Provincial Government] to draw up such scheme may exercise all or any of \r\nthe powers conferred on the Canal Officers by section fourteen. \r\n105\r\n[59. Rate on land s benefited by works .– An annual rate, in respect of such \r\nscheme, may be charged, according to rules to be made by the Provincial \r\nGovernment, on the owners of all lands which shall, in the manner prescribed by such \r\nrules, be determined to be so chargeable: \r\nProvided that in the case of agricultural land, no such rate shall be charged for \r\nthe first two harvests immediately following the completion of the scheme]. \r\n106\r\n[59-A. Prohibition and contr ol regarding the discharge of effluent into canal \r\nand drainage works .– (1) The Provincial Government may, by notification in the \r\nofficial gazette, prohibit the discharge of any effluent, including any solid or liquid \r\nmatter or combination of them from  industrial, municipal or any other source, into any \r\nriver, canal and drainage work including any natural drainage channel. \r\n(2) In case of contravention of sub -section (1), the Divisional Canal Officer, \r\nafter such enquiry including taking of sample, may impose  such special drainage \r\ncharges as may be prescribed and shall take other necessary steps to prevent such \r\ncontravention and consequential cost so incurred shall also be recoverable from the \r\nperson found responsible for such contravention. \r\n(3) After  the  pu blication  of  notification  under  sub -section  (1),  any  \r\nperson, organization or entity, interested in discharging such effluent into any river or \r\ndrainage work, including any natural drainage channel, shall apply to the Divisional \r\nCanal Officer or any other person authorized by the Provincial Government in this \r\nbehalf, for grant of permission for the discharge of such effluent. \r\n(4) The applicant shall obtain a certificate of no adverse impact of such \r\ndischarge on environment from the authority designate d in this behalf under any law \r\nfor the time being in force relating to environment. \r\n                                                           \r\n102\r\nSubstituted for the words  “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations.  \r\n103The words “and a statement o f the proportion of such cost, which the Provincial Government proposes to defray” omitted  by \r\nthe Canal and Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV o f 1970); and published in the Gazette of \r\nWest Pakistan (Extraordinary), dated 13.1.1970, pages 109-110, s.2. \r\n104Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n105\r\nSubstituted by the Canal and Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV of 1970); and published in \r\nthe Gazette of West Pakistan (Extraordinary), dated 13.1.1970, pages 109-110, s.3. \r\n106\r\nInserted by the Canal and Drainage (Am endment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.18. \r\n(5) The Divisional Canal Officer or the person authorized under sub -section \r\n(3), shall, after giving an opportunity of hearing to the applicant and such further \r\ninquiry as he deems necessary, determine the feasibility of such permission on the \r\nbasis of the certificate mentioned in sub-section (4), capacity and flow condition of the \r\nchannel and may either refuse or grant permission subject to such terms and \r\nconditions including levy of drainage charges as may be prescribed. \r\n(6) Any person aggrieved by the order passed by the Divisional Canal \r\nOfficer under this section may file an appeal before the Chief Engineer within ninety \r\ndays of the passing of the order. \r\n(7) The Chief Engineer may, on an appeal or at his own, confirm, modify or \r\nset aside the order of the Divisional Canal Officer.] \r\n107\r\n[60. Recovery of rate .– Any drainage rate, levied under section 59 or section 59 -\r\nA, may be collected and recovered in the manner provided under sections 45, 46, 46-\r\nA and 47 for the collection and recovery of water rates.] \r\n61. Disposal of claims to compensation .– Whenever, in pursuance of a \r\nnotification made under section fifty-five, any obstruction is removed or modified, \r\n or whenever any drainage-work is carried out under section fifty-seven, \r\n all claims for compensation on account of any loss consequent on the \r\nremoval or modification of the said obstruction or the construction of such work , may \r\nbe made before the Collector, and he shall deal wit h the \r\n108\r\n[claims in accordance with \r\nlaw]. \r\n62. Limitation of such claims .– No such claim shall be entertained after the \r\nexpiration of one year from the occurrence of the loss complained of, unless the \r\nCollector is satisfied that the claimant had sufficient ca use for not making the claim \r\nwithin such period. \r\n109\r\n[62-A. Management of sub-soil water.– (1) The Provincial Government shall take \r\nnecessary steps for the proper management of the sub -soil water to protect the \r\naquifer, the quality and availability of such water. \r\n(2) The Provincial Government, or any person authorized by it in this \r\nbehalf, shall carry out the evaluation and assessment regarding the condition of \r\naquifer, quality and availability of sub-soil water in any specified area and draw up the \r\nscheme for the proper  management  of  the  sub -soil  water  and  publish  it  in  the  \r\nmanner  as  may  be determined by the Provincial Government. \r\n(3) Any person aggrieved by the scheme framed under this section may file \r\nobjections regarding any matter included in  the scheme before the person authorized \r\n                                                           \r\n107Substituted ibid., s.19. \r\n108Substituted ibid., s.21, for the words “same in the manner provided in section 10”. \r\n109\r\nInserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.21. \r\nby the Provincial Government. \r\n(4) After the disposal of the objections, if any, the Provincial Government \r\nmay modify the scheme and take necessary steps for its implementation. \r\n(5) Any person violating any direction, order or instruction issued under this \r\nsection, shall be liable to such charges as may be prescribed.] \r\nPART VIII \r\nOF OBTAINING LABOUR FOR CANALS AND DRAINAGE WORKS \r\n110\r\n[63. * * * * * * * * * * * *   ] \r\n64. Power to prescribe number of labourers to be supplied  by persons \r\nbenefited by canal.– In any district in which a canal or drainage -work is constructed, \r\nmaintained or protected by  the \r\n111\r\n[Provincial Government], the  \r\n112\r\n[Provincial \r\nGovernment] may, if it thinks fit direct the Collector– \r\n(a) to ascertain the propri etors, sub-proprietors or farmers , whose villages \r\nor estates are or will be,  in the judgement of the Collector, benefited by \r\nsuch canal or drainage-work, and \r\n(b) to set down in a list, having due regard to the circumstances of the \r\ndistrict and of the seve ral proprietors, sub -proprietors or farmers, the \r\nnumber of labourers which shall be furnished by any of the said \r\npersons, jointly or severally, from any such  village or estate, for \r\nemployment on any such  canal or  drainage -work  when required as \r\nhereinafter provided. \r\nThe Collector may, from time to time, add to or alter such list or any part \r\nthereof. \r\n65. Procedure for obtaining labour for works urgently required .– Whenever it \r\nappears to a Divisional Canal Officer duly authori zed by the \r\n113\r\n[Provincial \r\nGovernment], that, unless some work is immediately executed, such serious damage \r\nwill happen to any canal or drainage -work as to cause sudden and extensive public \r\ninjury, \r\nand that  the  labourers  necessary  for the proper execution thereof cannot be \r\nobtained in the ordinary manner within the time that can be allowed for the execution \r\nof such work so as to prevent such injury,  \r\nthe said officer may require any person named in such list to furnish as many \r\nlabourers (not  exceeding the number which, according to the said list, he is liable to \r\nsupply) as to the said officer seem necessary for the immediate execution of such \r\n                                                           \r\n110\r\nSection 63 omitted ibid., s.22. \r\n111\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n112\r\nIbid. \r\n113Substituted for the words “Local Government” by the Government of India (A daptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\nwork. \r\nEvery requisition so made shall be in writing, and shall state– \r\n(a) the nature and locality of the work to be done, \r\n(b  the number of laboure rs to be supplied by the person upon whom the \r\nrequisition is made, and \r\n(c)  the approximate time for which and the day on which the labourers will \r\nbe required;  \r\nand a copy thereof shall be immediately sent to the Superintending \r\nCanal Officer for the information of the \r\n114\r\n[Provincial Government]. \r\nThe \r\n115\r\n[Provincial Government] shall fix, and may from time to time alter , the \r\nrates to  be paid to any such labourers:  provided that such rates shall exceed the \r\nhighest rates for the time being paid in the neighbourhood  for similar work.   In the \r\ncase of every such labourer, the payment shall continue for the whole period during \r\nwhich he is, in consequence of the provisions of this Part, prevented from following \r\nhis ordinary occupation. \r\nThe \r\n116\r\n[Provincial Government] may ,\r\n117\r\n[* * *] direct that the provisions of this \r\nPart shall apply, either permanently or temporarily (as the case may be), to any \r\ndistrict or part of a district for the purpose of effecting necessary annual silt -\r\nclearances, or to prevent the proper operation of a  canal or drainage-work being \r\nstopped or so much interfered with as to stop the established course of irrigation or \r\ndrainage. \r\n118\r\n[66. Liability of labourers under requisition.– * * * * * *   ] \r\nPART IX \r\nOF JURISDICTION \r\n119\r\n[67. Jurisdiction.– (1) Subject to subse ction (2), all claims against the Provincial \r\nGovernment in respect of anything done under this Act may be tried by the civil court \r\nof competent jurisdiction. \r\n(2) A court shall not assume jurisdiction in any matter in respect of anything \r\ndone, being done or purported to be done under sections 20, 20 -A, 20-B,20-C,31,32, \r\n32-A, 33, 34, 35, 36and 45 of the Act and shall not pass any order interrupting any \r\n                                                           \r\n114\r\nIbid. \r\n115\r\nIbid. \r\n116\r\nSubstituted for the words “Local Government” by the Government of Ind ia (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n117\r\nThe words, “with the previous sanction of the Governor General in Council” omitted by the Decentralization Act, 1914 (IV of \r\n1914); and published in the Gazette of India, dated 28.2.1914, see s.2 & Part I of the Schedule. \r\n118Section 66 omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Ga zette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.23. \r\n119Substituted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab Gazette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971-3973 s.5. \r\nproceedings under the Act.] \r\n120\r\n[68. Settlement of disputes .– (1) Whenever a difference arises between two or \r\nmore persons with regard to the distribution of water from a canal outlet, construction, \r\nuse, or maintenance of the water -course supplied with water from the outlet, or \r\ndeposit of soil from water -course clearance, or mutual rights and liabilities in that \r\nregard, any such person may apply in writing to the Sub-Divisional Canal Officer. \r\n(2) The Sub-Divisional Canal Officer may also proceed to settle any dispute \r\nwithout any such application on the basis of the order passed under section 20 -B or \r\nan order canceling the extra water supplies. \r\n(3) The Sub -Divisional Canal Officer shall give notice to all persons \r\nconcerned regarding the enquiry in the said matter and after such enquiry shall pass \r\nan order as he deems appropriate. \r\n(4) Any  person  aggrieved  by  an  or der  passed  under  sub -section  (3)  \r\nmay, within fifteen days of the passing of such order, prefer an appeal against the \r\norder to the Divisional Canal Officer. \r\n(5) Where an appeal has been preferred under sub -section (4), the \r\nDivisional Canal Officer– \r\n(a) shall decide the appeal expeditiously; and \r\n(b) may, pending the disposal of the appeal, suspend the operation of the \r\norder; \r\nprovided that the stay order does not adversely affect any standing \r\ncrops. \r\n(6) The applicant shall not be entitled to use the water -course that may be \r\nsanctioned under this section for conveyance of water to his land or the land \r\nrequired for the deposit of soil from water-course clearance, until– \r\n(a) he has paid to the land -owner the compensation for the land occupied \r\nfor any of the p urposes, in whatever shape it is determined through \r\nmutual agreement; or \r\n(b) possession of the land has been acquired under the provisions of this \r\nAct. \r\n(7) An order passed under sub -section (3), if there be no appeal preferred \r\nagainst it and an order passed in appeal under sub-section (5) shall be final.] \r\n121\r\n[68-A. Power to restore interrupted supply.– (1) If canal-water supply of any land \r\n                                                           \r\n120\r\nSubstituted first by th e Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab \r\nGazette (Extraordinary) dated 3.4.1975, pages 267-282, s.18 and then by the Canal and Drainage (Amendment) Act 2006 (XVII \r\nof 2006); and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.24. \r\n121Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab Gazette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971 -3973 s.6. It was earlier substituted by the Canal and Drainage (Ame ndment) Act 2006 (XVII \r\nof 2006) ; and published in the Punjab Gazette (Extraordinary), w.e.f. 6.11.2006, pages 1575 -1582, s.25. It was earlier added by \r\nthe Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette (Extraordinary) \r\ndated 3.4.1975, pages 267-282, s.19. \r\nis interrupted by dismantling a water-course or internal khal, the Sub-Divisional Canal \r\nOfficer, may, upon application ma de in this behalf and after such enquiry as he \r\ndeems necessary, order interim restoration of the dismantled  water -course  or the \r\ninternal khal and the interrupted supply of water at the cost of person who interrupted \r\nthe supply and if necessary by use of such agency or force as may be called for and \r\nsuch order shall remain in force until the dispute is finally settled under section 68 \r\nand, if necessary, a water-course link is constructed under this Act. \r\n(2) The expenses for restoration of the water -course or internal khal may \r\nbe recovered from the person at fault as arrear of land revenue.] \r\n \r\n122\r\n[(3) The Sub Divisional Canal Officer shall not entertain an application under \r\nthis section unless it is accompanied with an application in writing under section 68 of  \r\nthe Act, in case the water course is not sanctioned. \r\nExplanation.– For purposes of the section, a sanctioned water course or internal \r\nkhal shall mean a water course or internal khal sanctioned under section 68.] \r\n123\r\n[69. Enquiry proceedings.– (1) Any officer  or organization empowered under the \r\nAct to  conduct an enquiry may cause the preliminary enquiry to be made by any \r\nsubordinate person or entity. \r\n(2) Any person or entity conducting an enquiry or a preliminary inquiry may \r\nexercise all such powers connected  with the summoning and examining of witnesses \r\nas are conferred on a civil court by the Code of Civil Procedure 1908 (Act V of 1908) \r\nand any such enquiry shall be deemed to be a judicial proceedings.] \r\nPART X \r\nOF OFFENCES AND PENALTIES \r\n124\r\n[70. Offences under t he Act.– (1) Whoever, without proper authority does  \r\n125\r\n[,or \r\nabets the doing of,] any of the following acts, that is to say:– \r\n(1) cuts through, pierces, damages, alters, enlarges or obstructs any canal \r\nor canal outlet or drainage work; \r\n(2) interferes with, in creases or diminishes the supply of water in, or the \r\nflow of water from, through, over or under, any canal or drainage work, \r\nor by any means raises or lowers the level of the water in any canal; \r\n(3) interferes with or alters the flow of water in any river or stream, so as to \r\nendanger, damage or render less useful any canal or drainage work; \r\n                                                           \r\n122Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), w.e.f.23.2 .2016, s.6; and published in the Punjab \r\nGazette (Extraordinary), pp. 3971-3973. \r\n123\r\nSubstituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006) ; and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.26. \r\n124\r\nSubstituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette \r\n(Extraordinary) dated 3.4.1975, pages 267-282, s.20, \r\n125\r\nInserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.27. \r\n(4) makes any dam or obstruction for the purpose of diverting or opposing \r\nthe current of a river on the bank whereof there is a flood embankment \r\nor refuses or neglects t o remove any such dam or obstruction when \r\nlawfully required so to do; \r\n(5) prevents or interferes with the lawful use of a water -course by any \r\nperson authorised to use the same; \r\n(6) being responsible for the maintenance of a water -course, or using a \r\nwater- course, neglects to take proper precautions for the prevention of \r\nwaste of the water thereof, or interferes with the authorised distribution \r\nof water therefrom, or uses such water in an unauthorised manner; \r\n(7) dismantles water -course or internal khal ther eby interrupting or \r\nobstructing the irrigation of the land of another person; \r\n(8) corrupts or fouls the water of any canal so as to render it less fit for the \r\npurpose for which it is ordinarily used; \r\n(9) causes any vessel to enter or navigate any canal con trary to the rules \r\nfor the time being prescribed by Government for entering or navigating \r\nsuch canal; \r\n(10) while navigating on any canal, neglects to take proper precautions for \r\nthe safety of the canal and of vessels thereon; \r\n126\r\n[(11) * * * * * * * * * * *   ] \r\n(12) destroys, defaces or moves any land or level mark, rain-gauge or water-\r\ngauge fixed by a public servant; \r\n(13) destroys, tampers with or removes any apparatus, or part of any \r\napparatus for hydrological observations or for controlling, regulating or \r\nmeasuring the flow of water in any canal, river or stream; \r\n(14) passes or causes animals or vehicles to pass, on or across any of the \r\nworks, banks or channels of a canal or drainage work contrary to rules \r\nmade under this Act; \r\n(15) causes or knowingly and willfully permits cattle to graze upon any canal \r\nor drainage work or tethers or knowingly and willfully permits cattle to be \r\ntethered upon any such canal or drainage  work, or up -roots grass or \r\nother vegetation growing on any such canal or drainage work, or \r\nremoves, cuts or in any way injures or causes to be removed, cuts or \r\notherwise injures any tree, bush, grass or hedge intended for the \r\nprotection of such canal or drainage work; \r\n127\r\n[(15-A) fails to pay water rate or charges imposed under section  31, 33,34, 36 \r\nor 45 within the prescribed period even after a due notice;] \r\n                                                           \r\n126Omitted b y the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.27(2). \r\n127Inserted by the Canal and Drainage (Amendment) Act 2016 (XII of 2016), published in the Punjab G azette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971-3973 s.7. \r\n(16) makes or in any manner voluntarily abets the making of an \r\nencroachment of any kind within the limits of a canal or drainage work, \r\nor refuses or neglects to remove any such encroachment whe n so \r\nrequired to do by Canal Officer; or \r\n128\r\n[(17) violates any rules made under this Act, for breach whereof a penalty \r\nmay be incurred;  \r\nshall be  liable,  on  conviction  before  a  Magistrate  of  such  class  as  \r\nthe  Provincial Government directs in this behalf– \r\n(a) for an offence under clauses (1) to (4), to a fine not exceeding \r\nfifteen thousand rupees or to imprisonment not exceeding one \r\nyear or to both; and \r\n(b) for any other offence under this section, to a fine not exceeding \r\nthree thousand rupees or t o imprisonment not exceeding three \r\nmonths or to both.] \r\n129\r\n[(2) If a person is convicted under this section, the Magistrate may order  \r\nthat  the  cost, as certified  by  the  Divisional  Canal  Officer  for  removal  of  the \r\nobstruction or repairing the damag e, shall be payable by such convict and on his \r\nfailure to pay such costs, the same may be recovered as arrears of land revenue.] \r\n130\r\n[70-A. Compensation to persons injured .– (1) Whenever any person is fined for \r\nan offence  under this Act, the Court which impo ses such fine, or which confirms, in \r\nappeal or revision, a sentence of such fine , or a sentence of which such fine forms a \r\npart, may direct that the whole or any part of such fine, may be paid as compensation \r\nto the injured person or as reward to the informant. \r\n(2) If the fine be awarded by a Court, whose decision is subject to appeal or \r\nrevision, the  amount awarded by way of compensation or reward, as the case may \r\nbe, shall not be paid until the period prescribed for appeal or revision has elapsed, \r\nand when an appeal or revision is filed, till the same is finally disposed of.] \r\n71. Saving of prosecution under other laws .– Nothing herein contained shall \r\nprevent any person from being prosecuted under any other law for any offence \r\npunishable under this Act: \r\nProvided that no person shall be punished twice for the same offence. \r\n131\r\n[72.  Compensation to person injured.– * * * * * * *   ] \r\n73. Power to arrest without warrant .– Any person in charge of or employed \r\n                                                           \r\n128\r\nSubstituted ibid., s.27(3). \r\n129\r\nSubstituted ibid., 27(4). \r\n130Added by the Canal and Drainage (Punjab Amend ment) Act, 1975 (XXXII of 1975) ; and published in the Punjab Gazette \r\n(Extraordinary) dated 3.4.1975, pages 267-282, s.21. \r\n131Omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006); and published in the Punjab Gazette \r\n(Extraordinary), w.e.f. 6.11.2006, pages 1575-1582, s.28.  \r\nupon any canal or drainage -work may remove from the land s or buildings belonging \r\nthereto, or may take into custody without a warrant and take forthwith before a \r\nMagistrate or to the nearest police station, to be dealt with according to law, any \r\nperson who, within his view, commits any of the following offences: \r\n(1) willfully damages or obstructs any canal or drainage-work; \r\n(2) without proper authority interferes with the supply or flow of water in or \r\nfrom any canal or drainage -work, or in any river or stream, so as to \r\nendanger, damage or render less useful any canal or drainage-work. \r\n132\r\n[73-A. Cognizance.– Notwithstanding anything contained in any other law, the \r\noffences under clauses (1) to (4) of section 70 shall be cognizable and non-bailable.] \r\n74. Definition of “Canal” .– In this Part, the word “ Canal” shall (un less there be \r\nsomething repugnant in the subject or context) be deemed to include also all lands \r\noccupied by  \r\n133\r\n[the Provincial Government] for the purposes of canals, and all \r\nbuildings, machinery, fences, gates and other erections, trees, crops, plantations  or \r\nother produce, occupied by or belonging to  \r\n134\r\n[the Provincial Government] upon such \r\nlands. \r\nPART XI \r\nOF SUBSIDIARY RULES \r\n75. Power to make, alter and cancel rules.– The \r\n135\r\n[Provincial Government] may, \r\nfrom time to time \r\n136\r\n[* * *] make rules\r\n137\r\n to regulate the following matters:– \r\n(1) the proceedings of any officer who, under any provision of this Act, is \r\nrequired or empowered to take action in any matter; \r\n(2) the cases in which, and the officers to whom and the conditions subject \r\nto which, orders and  decisions gi ven under any provision of this Act, \r\nand not expressly provided for as regards appeal, shall be appealable; \r\n(3) the  persons  by  whom, \r\n138\r\n[and] the  time,  place  or  manner  at  or  in  \r\nwhich anything for the doing of which provision is made under this Act  \r\nshall be done; \r\n(4) the amount of any charge made under this Act; and \r\n                                                           \r\n132Inserted by the Canal and Drainage (Amendment) Act 2 016 (XII of 2016), published in the Punjab Gazette (Extraordinary), \r\ndated: 23 February 2016, pp. 3971-3973 s.8. \r\n133\r\nSubstituted  for the words “the Government” by  the  Government  of  India  (Adaptation  of  Indian  Laws)  Order,  1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n134\r\nIbid. \r\n135\r\nSubstituted ibid., see Article 4 and Table of General Adaptations,  for the words “Local Government”. \r\n136\r\nThe words, “subject to the control of the G.G., in C”  repealed, by the Devolution Act 1920 (XXXVIII of 1920); and published in \r\nthe Government Gazette, Punjab and its Dependencies, dated 24.9.1920, pages 127-153 s.2 and First Schedule Part I. \r\n137\r\nFor 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, \r\nand “Gazette of India”, 1907, Pt. II, p.1065; ibid., 1908, Pt. II, p.649. \r\n138\r\nInserted by the Amending Act, 1891 (XII of 1891) dated 21.3.1891, s.2 and Second Schedule Part I. \r\n(5) generally to carry out the provisions of this Act. \r\n139\r\n[Rules made under clause (4) may be made to have effect retrospectively \r\nfrom any date not earlier than the date on which water has  been supplied or the \r\ncharge has otherwise become leviable under this Act.] \r\nPublication of rules.– The \r\n140\r\n[Provincial Government] may from time to time \r\n141\r\n[* * *] alter or cancel any rules so made. Such rules, alterations and cancelments \r\nshall be published in the \r\n142\r\n[Official Gazette], and shall thereupon have the force of \r\nlaw. \r\n143\r\n[SCHEDULE] \r\n                                                           \r\n139\r\nAdded by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965); and published in the Gazette \r\nof West Pakistan (Extraordinary), dated 8.6.1965, pages 2667-2668, s.5. \r\n140\r\nSubstituted for the words “Local Government” by  the  Government  of  India  (Adaptation  of  Indian  Laws)  Order,  1937; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n141The words “subject to the like control”, repealed by the Devolu tion Act 1920 (XXXVIII of 1920), dated 14.9.1920, s.2 and First \r\nSchedule Part I. \r\n142Substituted for the words for the words “Local Official Gazette”  the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937 , pages 75-344, see Article 4 and Table of General \r\nAdaptations. \r\n143Repealed by the Repealing Act, 1873 (XII of 1873), s. 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