The Punjab Minor Canals Act, 1905

1005 ¢ Ph. Act TIT] MIxon €anais THE PUNJAR MINOR CANALS ACT, 194 CONTENTS, CHAPTER 1L PRELIMPRARY, SECTIONS 1. Short title and local extent. 2. Operation of Acl. 3. Definitions. CHAPTER IL. ConsTRUCTIONS OF CANALS AND WATTR-DURS . 4. Prohibition against construction of canals witho ut per- mission. 5 5. Application for permission and procedure the reon. 6. Power of Collector to construct canal from notifl source of supply. 7. Power to prohibit the unauthorised construction of and to close unauthorised canal. 8. Water-dues. ed CHAPTER IIL PRovIsioNs APPLICARLE T0 CANALS UKDER ScurpuLE L 9. This chapter applicable only to canals under Schedule 10. General powers of Collector. 11, Power of Ceniral Government to suspend or extinguish rights in or over any scheduled canal on payment of compensation, 12. Power to enter and survey, etc, Notice of intended entry into houses. Compensation for damage caused by entry. 13. Power to enter for repairs and to prevent accidents. Compensation for damage to land. 14. Power to oceupy land adjacent to canal for depositing soil from canal and to excavate earth for repairs to the banks and compensation for damage. 15, Supply of water through intervening water-course. 16, Application ftr construction of new waler-course. 214 MINOR cANALS (1905 : Ph. Aet 111, BECTIONS, 17, Procedure of Collector thereupon, 18, Application for transfer of existing water-course, Ppg. cedure thereupon, 19, Inguiry into, and determination of, objections to cong. truetion or transfer of waler-courses, 20. Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation, Produce in fixing compensation, Recovery of compensation and expenses, 21. Conditions binding on applicant placed in occupation, 22, Construction of outlets from eanals by Collecter, 23 Power to convert several water-course running for g long distance side by side into one water-course, 24, Procedure applicable to occupation for extensions and alterations, 25, Costs of execuling works under scction 22 or section 23 by whom payable, 26. Power of Central Government to direct supply of labour by irrigators, 27. Powers of Collector upon issue of notifieation undex section 26, 28. Power to prepare record for canal, 29. Levy of waterrates, 30. Liability when person using unauthorisedly cannot be identified. 31 Liability when water runs fo waste, 92, Charges recoverable in addition to penalties. —_— CHAPTER 1V, Provisions APPLICABLE TO CANALS INCLUDED UNDER Scuepure 11, 33, 'I;hIis Chapter applicable only to canals under Schedule 34. Power of the Collector, in cetrain cases, to declare or appoint a manager of g canal. 35. Power of Central Government 1o apply the provisions of section 28 tg any canal, 36. Power to assume contyol o management, or both, of a canal, 37. Right of owner upon such assumption, to demand that the canal shall be acquired by the Government, 38. Power to acquire canul on demand of the owners. ] Ph. Act 11| MINOR CANALS 215 1905 : SECTIONS. 39, Power to fix the limits of irrigation and water.rates and to regulate the distribution of water, 40, Collection, in ceriain cases, of waler-rates of a canal by the Central Government. CHAPTER V. PROVISIONS APPLICABLE TO ALL CANALS, 41, This Chapler applicable to all canals. 42 Consent or decision of the owners how to be determin- cd, 43, Secttlement of disputes. 44 Acquisition of land for canals. 45. Power lo acquire canal by cansent or otherwise, 46. Notice as to claims for compensation. 7. Inguiry into claims, Limitation of claims, 44. Vesting of canal in the Government, 49, Power to regulate flow of water in rivers, creeks. natural channels or lines of natural drainage and to prohibit therein or order removal themfium of obstructions. 50. Power to remove obstruction after publication of noti- fication, and payment of compensation, 51, Power of the Collector to regulate flow of water and prohibit or remove obstructions. Power as to the construction and maintenanee of works in respect of canals under Schedule IL Power 25 to construction and maintenance of works in respect of canals under Schedule T, Power 1o take possession and to construct works in cases of emergency. Assessment of compensation, Compensation for right of user or in the form of a supply of water, Appartionment and recovery of the cost of land acquir- ed or works executed, Power to repulate mills, Afiré];cmiun of sections 13 to 16 of Land Revenue Act, Exclusion of jurisdiction of Civil Court except under Land Acquisition Act. * P{:}\:;:PAf:; appoint officers to exercise functions under Ptgn;!r of Collector in certain proceedings under the ot 216 MINOR CANALS [1905 : Ph. Act 111, SECTIONS, 63. Permission to owners and parties inferested in any canal {0 object in certain cases. 64 Mode of serving notices and making proclamations, 65. Bar of compensation where not expressly alowed. 66. Protection of persons acting under the Act. 7. Central Government to be party to certain suits and proceedings, Bar of other suits against Government. G9. Power to recover water-dues, water-rates and other _ charges by revenue process. _ __ . §0. Powers as regards canals, creeks, si tuate partly without ihe limits of the Punjab. 70. Powers exercisable in cases of urg eney with regard to canals situate beyond the Union Territo ry of Chandi- garh. - 71. Offences under the Act. oo 73, Power fto arrest without a warran t. 73. Definition of “canal” for purposes of section 71 and T2. 74, Power to make rules. SeuepULE L SenepuLE TT 1905 : Ph, Act TII.] MINOR CANALS 217 THE PUNJAB MINOR CANALS ACT, 1905. Punaar Act 111 or 1905, [7th April, 1005, 1st June, 19051 1 S f 1 4 Year | No. Short title Whether repealed or otheradee | affected by Jegisiation 1905 111 | The Panjab Minor Canals] Amended by Government of India 1 Act, 10008 {Adaptation ef [ndian FLawih i Order, 1937 Amended, ‘The Indian frdepen- dence (.@d;pfl‘inn of Rengal and Punjab Acts), Order, 1544, {G. G. 0. No. 471) Amended, The Adaptation of Indian Laws Grder, 1920 The Adaptation of fndian La ws (Third Amendment) Order, 19351 Amended by Punjab Act 54 of 1953 Extended to the lerritories which, immediately before the 1% November, 1926, wers compri in the State of Patiala and East Punjab States Usion, by 1 Act 18 of 1962° | Amended by Puniab Act 25 of 1564 | ‘Amended by the Punjab Reorgani- sation (Chandigarh) (Adaptation | of Laws on 5late and ConSureny i i Subjects) Ordsr, 1968 ———— e An Act to make better provision for the control snd management of minor canals in “[Pu njabl. WiEeREAS it is desirable to mak e better provision for the exercise of control over and for the regulation of the management of certain minor cana ls in | Punjabl. It is hereby enacted as follow s:— CHAPTER L PRELIMINARY. (1) This Act may be called the Punjab Minor snort title local extent, 1 Canals Act of 1803. ) I —— - \For Statement of Ob jects wnd Reasons, see Punjob Gesette, 1903, Part V, p. 10w for Report of the Select Committee, see ibid, IHE,'!. Part V, p. T; for proc eedings in Couneil se e ibid, 1004 Part V, p age 27, nd ibid, Part V, pa 4. 5 “ ;}‘ar' 5lniemi=l?pt E:I; Objects and l]gi'l:riufli. see Punj ab Governinent Gazette (Extraordinar y), 1953, page 1345, 4 zgl-':r fi:fllfl:rnl ol'u{ij erls puid Reasons, see Punjab Government Gazeite (Extraordinar y). 1062, puge 568 . sFor Stetement of Object s ti‘ma:l Reasons, see Punjob Government Guzette (Extraordinary), 1964, page 935—31. . “Substituted for the words “East Punjab’ [which had been In serted by the, Indian Indepen dence (Adaptation of Dengal and Punjab Acts) lf‘riier. 1948, by the Adaptation of Laws Third Amend ment) Order, #51. ) w - gernarhml e 218 MINOE cAnaLs 1905 : Ph. Aet NI, £ (2) Tt shall extend to the whole of 'lUnion Territory of Chandigarh]. Operation of Act. 2. (1) The provisions of this Act shall apply to the extent and in {he manner hereinafter provided to eve canal specified in either Schedule T or Schedule 1T as the case may be. (2) At any time after the commencement of this Act, the “[Central Government] may, from time to time, by notification— (a) include any canal under either Schedule T ar Schedule 11, as the case may be, or transfer a canal from one Schedule to the other Schedule, and thereupon the provisions of this Act appli- eable to canals included under such Schedules, or such of the said provisions as the '[Central Government] may direct, shall apply to such canal; or (b) exclude from the operation of this Act any canal which now is, or hereafter may be, in- cluded under cither Schedule T or Schedule II : Provided that no canal shall be included under Schedule T, unless— (a) it is owned in whole or in part by *[the *[Central Government]l: or (D) is, at the commencement of this Act, manag. ed by “Iservants of the *(Government] or by any local authority; or (c) is situate partly within and partly without the territories to which this Act extends: or (d) has been included under Schedule 11 and is transferred lo Schedule I by direction of the *[Central Government]), ";bsl:l_ul;é_f-:; .ihe word "Punjab” by the Punjab Reorganisation (Chendigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1068, “Substituted for the words “State Government” by the Punjab Heurpanisation (CL neipsrh) (Adaptation of Laws on State und Cone eurrent Subjects), Order, 1068, “Substituted for the words “Ilis Magesty for the purposes of the Province” by the Adaptation of Laws (Third Amendment) Order, 1951 ‘Substituted by the Government of India (Adaptation of Tndian Laws) Order, 1937, for “Government Officers”, : "Subs!itut'ed for the word “Crown” by the Adaptation of Laws Order, 1950. ) . SSubstituted for the words “by direction of Government” by the Government of India (Aduptation of Indian Laws) Order, 1937. AL " 1905 : Ph. Act ITL] MINOR canALS 219 (3) The Northern India Canal and Drainage Act, 1873, shall not apply to any canal which is for the time being included under either Schedule I or Schedule 11, 3. In this Act, unless there is something repugnant in the subject or context— (i) “Record-of-Rights” and “Revenue Officer” have the meanings assigned to them respective- Iy in the Punjab Land Revenue Act, 1887; (ii) “Canal” means any canal, natural or artificial channel or line of natural drainage or any reservoir, dam or embankment construeted, maintained or controlled for the supply or stor- age of water or the protection of land from flood or sand, and includes any water-course or subsidiary works as defined in this section; (iii)“Collector” means the head revenue-officer of a district, and includes any officer appointed under this Act to exercise all or any of the powers of a Collector ; (iv) “Commissioner” means a Commissioner of a Division and includes any officer appointed under this Act to exercise all or any of the ers of a Commissioner; (v) “Construction” and “construct” include any alteration which would materially extend the area irrigable by a canal or any other alteration of material importance or the renewal of a canal after disuse for six years, but do not include the re-excavation of a canal-hhead which has been temporarily abandoned owing to a change in the river, the excavation of new head necessitated hy a change in the river or a change of water-courses to render exisling irrigation more efficient; (vi) “Creck” means any channel of a river other than the main channel through which the water of the river would, unless obstructed by de- posit of silt, naturally flow at some period of the year; (vii) “District” means a district as fixed for revenue purposes; (viii) “Irrigator” means in respect of any land which is irrigated from a canal any person for the time being dircetly deriving benefit by such irrigation, and includes a landowner or occu- pancy tenant of such land; Definitions, MinoR canans (1905 @ Ph. Aet 111, ix) * includes labourers, cattle and appli- (wjnrxl;:‘l: (:}llgcc;.:]ary for the execution of the work for which labour is to be Isuppi ied; . (a) “Mill” means any contrivance whereby the water power of any canal is used for grindnig, sawing or pressing, or for clln*:rmg or working machinery or for any other similar purpose, and includes all subsidiary works and structures connecled with any such contrivance except the canal itself; i) “Subsidi works" means all works required ¥ )Ior the cofl?;ol or maintenance of the supply to a canal or for the maintenance of a canal in proper condition or for the regulation of the irrigation therefrom or for the prevention of floods or for the provision of proper drainage, in connection with such irrigation, and includa also the land required for such works; (wii) “Water-course” means any channel which i supplied with water from a canal and which is machinery or for any other similar purpose, and includes all subsidiary works connected with such channel except the sluice or outlet through which water is supplied to such channel; (ziii) “Water-due” means whatever is payable to Government in cash or kind by the owner of g canal for the diversion by such owner for the purposes of such canal of the water of any river, creek or stream flowing in a natural channel or of any lake or other natural collection of water; (ziv) “Water-rate” means the charge made for canal water other than a water-due or canal ad- vantage land-revenue rate. [(xv) “Beneficiary” means, in respect of any canal, any person for the time being deriving, or who is to derive, benefit, directly or indirectly, from such canal.] CHAPTER 1I- CONSTRUCTION OF CANALS ~ AND WATER-DUES Prohibition 4. When the *[Central Government] has notified in against construe- this behalf any natural channel, lake or other collection of tion of canala without permis- slon, !New clause (xv) inserted by Punjab Act, LIV of 1953, *Substituted for the words “State Government” by the Punjab Re- organisation (Chandigerh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, 1805 : Ph. Act 11| MINOR CANALS 221 water, no person shall, without permission previously ob- {sined in the manner prescribed in the section next follow- iy, construct a canal intending to be fed from any such channel, lake or other colle ction of water: Provided that nothing in this s ection shall apply to the construction of a water-c ourse from an existing canal. desiring to construct a conal Application for 5. (1) Any person intended to be fed from any souTZe of supply which has PEERNCR b ore been notified by the {[Cent ral Government] g i tion 4, may apply, in writing, to the Collector, for the permission prescribed in that section. (2) Every application u nder sub-section (1) gh all be in such form and shall contain particulars such as the '{Ceniral Gevernment] ma y prescribe in that behalf . f supply has been not ified by 1::;:«- msc S.'}:' the [Central Government ] under section 4 and the Collet- ;e canal from tor considers that the construction of a canal to be fed notified sou rce of therafrom will be advantag eous, he shall give notice by =upply. general proclamation to al l persons interested of his in- fention to construct suc h canal. (2) If no objection to the con struction of such eanal chall have been preferred w ithin a period fo be specif ied in the notice under sub-s ection (1), or if any suc h objec- vion has been preferred within the said period, but ha s been finally over-ruled, th e Collector may proceed to con- struct such canal. (3) The provisions of sec tions 50 and 63 shall app ly 1 all proceedings of the C ollector under sub-sectio n (1) of this section and under the preceding section, and the powers conferred upon the Collector by this and the p ra- ceding section shall be exerc ised subject to such sanction s the }|Central Governmen t] may prescribe and in ac cord- anee with the rules made by c uch Government. §. (1) When a source O 7. (1) If any person, without the permission nec es- :‘;“;n:lg":m sary under sections 4 and 5 of this Act, or contrary to an¥ construction ot ui the conditions of such permi ssion, commences to con- and to clost B authorised eanal. striet or proceeds with the construction of any canal, t he Collector may, at any tim e, by order in writing, prohibit Government” by the Punjab State and Ceon- Subetitated for the words “State Reorganisation (Chandiga rh) (Adaptation) of Laws o n current Subjects) Order , 1068, 222 MINOR CANALS [1905 : Ph. Agt . such person, and, by general proclamation, all other pee. scns, from continuing the construction therenf: Provided that, unless in the case of a construction whieh would materially ¢xtend the area irrigable by a vanal, no such order or proclamation, as the case may he, ehall be made or issued in respect of any canal which, gt the time when i j= proposed to make or issue such order or proclamation, has heen used for irrigation for a Beriud of three yeaws without interruption ether than such as wag €ue to natural causes beyond the control of the DOTs08 aforesaid, (2) 1t any person shall, af any time after the com. mencement of this Act, construct a canal without the permission necessary under sections 4 and 5 of this Act, the Collector may, with the previous sanction of the ‘ICentral Government|, close it ard shut off the supply of waler thereto, and tnay further, by order in writing, pro- hibit such person, and, by g neral proclamation, all othes I'2rsons, from maintaining, repairing or renewing such canal or continuing to use the water thereof. Fater-dues, 8. (1) Subject to the conditions if any, imposed or igreed to by the ‘|Centrag Government], such Government taay assess and levy water-dues in respect of— (i) canals made after the commencement of this Act; (i) canals made before the commencement of this Act— (a) when the right to, or question of, water-dges has been expressly reserved by such Gov- ernment; or (5) when the conditions upon which the owner of the canal has been allowed to use tie waler have been agreed on for a term and that term has expired; or (c) when such water-dues were already lavied at the commencement of this Act, (2) The demand on aceount of water-dues shall be assessed for a term of years, and shall be limited to an emount not exceeding ore-quarter of the net profits which are likely 1o acerue 1o the owner of the canal during that torm, = I‘-S—'.ub.sljlullr:i for the words “State Government” by the Punjub Reorganisation (Chondigarh) {Ad: ptation+ of Luws on State and Con- current Subjects) Order, 1968, l‘ g el 2 3 3 e 1905 : Ph. Act 1IL] nMINOR CANALS CHAPTER 111, PROVISIONS APPLICABLE TO CANALS UNDER Scuenuk L 9. Except as the '[Central Government] may ot her- "';I'fl‘_l'i"’"“::‘nfi}"f; " . . 5 el % i 3 wise direet under section 69 the provisions of this Chapter Panals under ¢hiall apply only to canals for the time beint included schedue 1 under Schedule 1. 10. (1) Notwithstanding the existence of any rig hts Gmenl bower in or over a canal or water-course, the Collector may— . 2 (a) exercise all powers control, management and direction for the efficient maintenance and working of such canal or for the due distribu- tion of the water thereof; and (b) whenever and so long as any water-course, Sluice or outlet is nol maintained in proper customary repair, or any water-course, sluice or outlet through which water is supplied to any person, or, in the case of a sluic e or outlet, to any water-course or any perso n, is subjected to wilful damage or wrongful enlargement, stop the supply of water to s uch water-course, sluice or outlet or to any person. (2) No claim shall be enforceabl e against the '[Cen- trz] Government] for compensat ion in respeet of loss caus- ¢d by any order passed under sub-section (1), but any srson suffering loss by reason of any arder passed under sub-section (1)(a) may claim such remission of the ordi- nery charges payable for the us e of the water as is autho- rised by the '[Certral Gover nment]: Provided that if any right to water entered in a re- cord-of-rights prepared or revised un der section 28(1) or deomed under section 26(3) to lh ave been made under this Act or admitted in any agreement hetween t he [Central Grvernment], ard anv person is substantially diminished ir ormeequence of action {aken under sub-section (1)(a) the Collector shall award compens ation under section 55 tn such person in respeet of t he diminution of his right. 'sut-slimu-;i for the words “Sinte Government” by the Punjeb Reorganisation {Chandirarh) { Adrptation of Lows on State and Con- current Subjects) Order, 1960 224 minvon canats [1905 : Ph. Act i, (3) No right to the use of the waler of a canal shay be, or be deemed fo have been, acquired under the 'Indjap Limitation Act, 1877, nor shall the *[Central Givernment be bound to supply any person with water. e Gavern. 11 (1) The *ICentral Government] may at any time ment to suspenaSUSPENd or extinguish any right to which any persen i, er extinguishentitled in or over any canal if the exercise of such right ifru o o dnesis prejudicial 1o the interests of other irrigators or tg eannl on paymentthe good management, improvement or extension of the of compensation canal, (2) In every such case the *[Central Government) shall cause 1o be paid to the person whose right is suspend. ed or cxtinguished, compensation to be assessed by the Collector under section 35. In assessing compensation for the purposes of this section, the Collector shall alss have regard to the character of the right, the period during which it has been enjoyed and the damage likaly te be occasioned by its suspension or extinetion. Foulo.mibe 12. The Collector or other person acting under the = €1 yeneral or special orders of the Collector may enter upen any land adjacent to any canal, or through which any canal is proposed to be made, and undertake survers or levels thereon; and dig and bore into the sub-soil; and make and set up suitable land-marks, level-marks and water gauges ; and do all other acts necessary for the proper prosacu- tion of any inquiry relating to any existing or projected canal under the charge of the said Collector; m’r to cear and, where otherwise such inquiry cannot be com- pleted, the Collector or such other person may cut down and clear away any part of any standing crop, fence or jungle; Power to inspect and may also enter upon any land, building or water- a’:’te,_mpfif,mmcuurse on account of which any water-rate is chargeable, " for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated th“.:e'DF or chargeable with a water-rate, and of doing all thinys necessary for the proper regulation and management © such canal : . e 15 fhe Indian Limitation Act, 1963, ; :Ssszsmmed ei’ryr 1]hc words “State Government” by the ?a\;‘_fi Reorganisation (Chandigarh) (Adaptation) of Laws on State an current Subjects) Order, 1968, 7 3 1905 : Ph. Act TIL] MINOR CANALS 225 Nollee of intened Provided that, if « hat, if sueh Collector or person propeses 1o i It House, enter into any building or enclosed court or garden attach- ed to a dwelling house not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days' notice in writing of his intention to do so. . Inevery case of entry under this section, the Coll ector Compefl"'“:" f°5 shall, upon application made to him in this behalf, assess Ly and pay compensation for any damage which may be oc- casioned by any proceeding under this section. 13. In case of any accident happening or being ap- Power 10 exter prehended to a canal, the Collector or any person acting os mfi P under his general or special orders in this behalf may cidents, cnter unon any lands adjacent te such canal, and may execute all works which may be necessary for the purpoze of repairing or preventing such accident. In every such ease, the Collector shall upon applica- compensation for tion made {0 him in this behalf, assess and pay co mpensa- (3mige to land tion under section 55, for any damage which may ke nceasioned by any procceding under this section. 14. (1) The Colleclor or any person acting under “jf;d};cgf"'{g his general or special orders in this behalf may, within eanal for acpostt- such distance from the canal as the '[Central Clov ernment] ing soit from k A M canal and to €X- m=v by rule determine, occupy land adjacent to any c anal ot earth for for urpose of— repairs to the thcp o B hanks and com- (a) depositing upon it soil excavated from the Uit tor canal; or damage. (b) excavating from it earth for repairs to the canal. The Colleetor shall, upon application made t o him in {his hehalf, assess and pay compensation for any damageé which may be occasioned by any proceeding under this seetion, (2) The owner of any land which has been occupied after the commencement of this Act for any purpose under eub-soction (1) and has remained in such occupat ion for a reriod exceeding threz years may require that such land shall be permanently acquired in accordance with provi- «ions of seclion 44, pb e e 1Substituted for the words “State Government” by the TPuniab Reorponisation (Chandizarh) (Adcptation, of Lows on State and Con- current Subjects) Order, 1968 226 MINOR CANALS [1805 : Ph. Act IIIL Supply of water through vening course, Application eonstruction inter, 15. Whenever application is made to a Collector for waters 3 supply of water fron a canal, and it ap pears to him ex- pedient thet sueh supply should be given, and that it should be conveyed through some r_'.xinlir_l'.’. '-Vate‘l"CD‘-ll"Sfl. he shall give notice tn the persons responsible for the main- {enance of such water-course to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed; and, after making inquiry on such day, the collector shall determine whether and on whe! conditions the said supply shall he conveyed through such water-course. The applicant ghall not be entitled to use such v!rat.e.-. course unfil he has paid the expense of any alteration of such water-course necessary in order to his being sunplied tirough it, and also such share of the first cost of such water-course as the Collector may determine. Such apolicant shall also be liable for his share of the cost of maintenance of such water-course so long as he uses it. ?:; 16. Any person desiring the construction of a new it water ywater-course may apply in writing to the Collector, stat- course, Procedure wng— (i) that he has endeavoured unsuccessfully to ae- guire from the owners of the land through which he desires such water-course to pass, a right to oceupv so much of the land as will ke needed for such water-course; (i1) that he desires the Collector, in his behalf ard at his cost. to do all things necessary for acquiz- ing such right; (iii) that he is able tn defrav all costs involved in acquiring such richt and construeting such water-course. of Collector there- 17. If the Collector considers— upon, (1) that the construetion of such water-course is expedient; and {11) that the statements in the apolication are tru2, he shall eall upon the anplicant to make such denosit as the Colleetor considers necessarv 1o defrav the cost of the preliminary proceedines, and the amount of any compensation which he considers likely to become due under section 20: 1905 : Ph. Aet TI1.] MiNOR CcANALS 221 and, upon such deposit being made, he shal t be made into the most suitable z:lignmelrfa;:]sre f;;:;g (rater-course, and shall mark out the land which, in “his opinion, it will be necessary to occupy for the construction (hereof, and shall forthwith publisn a notice in every village through which the water-course is proposed to be {aken, that so much of such land as belongs to such vil- lage has been so marked out. 18, Any person desiring that an existing water- Applicati on for tranafer of exist- course should be translerred from ils present owner t0 jng water himself, may apply in writing to th e Collector stating— (i) that he has endeavoured unsucces sfully to pro- cure such transfer from the owner of su water-course; (i) that he desires the Collector, in his behalf, and at his cost, to do all things necessary for pro- curing such transfer; (iii) that he is able to defray the cost of such transfer. If the Collector considers— (o) that the said transter is n ecessary for the better management of the jrrigati on from such water- course; and on are true, (b) that the statements i n the applicati he shall call upor. the ap plicant to make such deposit as the Collector considers necessary 10 deiray the cost of the pre liminary proceedings, and the amount of any com pensation that may become due under the p rovisions of section 20 in respect of such transfe r; he shall publish & and, upon such deposit being made, laze affected. notice of the application in cvery vil 19. (1) When within thirty days from the publica- tion of a notice under s ection 17 or section 18, as the case may be, any person int erested in the land or w ater-course to which the notice refers, applies 10 the Collector as aforesaid, stating his obj ection to {he constructoi n or trans- fer for which application has been made, the Collector shell give notice to the ot her persons interested tha t, on a duv to be named in such no tice or any subsequent day to course, Procedure there- upon, Inguiry into, and determina- tion of, object- tlons to eonstrue- tion or transfer of water-Ccourses, 228 MiNOR CANALS [1903 : Ph, Act 11, - i 3 j he will proe which the roceedings may he adjourned 1 pro 10 inquire ifilo the matter in dispute or into the validity of such objections as the case may be. (2) Upon the day =0 named or any such subsequens day an aforesaid, the Collector shall proceed to hear and tetermine the dispute or the ohjection as the case may pe, Erveneng 4o . 20, Noa licant under sectiop 16 or section 13, . oy E‘y"'a"‘fflmm the case may I)I;?shnll be placed in aceupation of such landg waternuterof oF Water-course until he has paid to the person named b fore recejyine oo Uhe Collector such amount as the Collector determines o Ciptiog, be due s compensation for the land or Water-coursa 5, eccupied or transferred, ane for any damage catsed b7 the Marking oug or occupation of such land. together expenses incidental to such occupation or transfor, :lmun- in Compensation to be made under this section shall be tion, T “Opensa. assessed as provided in section 53, but i gL C-.finct;;r m-‘t_'f, if the person o be compensat- | -, dissi s award such cumpensation jn the form of 4 rentcharzs pa--able in re. speet of the land of waler-course occupied or transferrad, ; of If sue i it paid wh mh"m uch compensatijon and experses are ng paid when and expenges_ the person entitled to receive the same. tie 3 e Collectnr, and shall, when Tecovered, be paid by him to the Petson entitled to recpjye same, Conditions bind- 21. (1) When any such applicant has duly complied m"m'flg;fi'}’:fmun the conditions Jaid down in section 20, he sha]l he i land or water-course as afore. and conditions shall be there. is representative in interest-— placed in occupation of the said, and the Tollowing ryles after binding on him and h (a) In all cases— First—All works necessary for the Passage across such water-course gp water-courses existing previous to jts construction and of the drainage intercepted by it, and for affording proper communications acrosy it for the cunvenience of the neighbouring lunds, shall pa constricied by the apn icant, and be Mmaintained by him or his representative iy interest to the satisfaction of the Collector, 1005 ¢ . Ph. Act [11.] MINOR CA NALS 54 _gg:a:td,—Land occupied for a waler-course under the provisions of section 17 shall be used only for the purposes of such water-cou rse. Third —The proposed water-course shall be com- pleted to the satisfaction of the Coll ector with- in one year after the applicant is placed in oc- cupation of the land . (b) In cases in which land is occu pied or a water- Fo Fif course 1s transferred, on the terms of a rent- charge. urth—The applicant or his representative in interest shall, so long as h e occupies such land or water-course, pay rent for the same at such rate and on such days as ar e determined by the Collector when the applic ant is placed in occu- pation. +h.—If the right to occupy th e land cease nwing to a breach of any of th ese rules, the liability to pay the said rent shall continue until the applicant or his representati ve in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to ihe sai d land, such amount and to such person as the Collector determines. Stnh.-;The Collector ma y, on the application eof (2) If the person entitled to recei ve such rent or com= pensation, determine the amo unt of rent due or assess the amount of such compensation; and if any such rent or compen sation be not paid by the applicant or his representative in interest, the Collector may r ecover the amount, with interest thereon at the rate of six per cent per annum from the dale on which it became due, and shall pay the same, when recovered, to the person to whom it is due. any of the rules and conditions p rescribed by :fi:‘sffi:‘t’t“; are not complie d with, or if any water-course T yeae or transferred under this Act is disused for s mpmsl's continuously, the right of the applicant, or 0 Water entative in interest, to occupy such land or course shall cease absolutely. 230 MINOR CANALS [1905 : Ph. Aer fyy, Construction of 22, The Collector may construet or TePAIr or alter canate by Catee, & slulce or outlet 10 regulate the supply of water frop 5 tor, tanai o any water-course. e B Ly Mitine where there are water-courses ryg, v.:-tn,nmm‘fl ning side by side or 5o situated as to interfere with th ot e won veonomical . use or proper management of the water Intanee wi¢ h 4 :t:xflflk‘[;:!n me SUpply, the Collector, if applied to for that purpose, or na water-eourpe, H5 own motion may require thlz! owners to make arranga. ments o his satislaction to upite the waler-courses or t, substitute for them such s¥stem as may have been appr ed by him, oy (2) If the owners fail within such time as the (). lector may fix 1o comply with any erder passed by kim under sub-seetion (1) the Collector may himself execats the work, 13) Whenever g water-course has beer_i reconstruetaq Yt 4 new system substituted under sub-section (1) or sub- section (2), the Collector may fix the shares in which the Water shall be enjoyed by the persons entitled to Use the wdler-course, ot s o Zi The procedure hereinbefore provided for the ne. cupation for ex. CUpation of land for the construction of a water-course ‘Pflm:m #nd shall be applicahle to the occupation of land for any exten. sion or alteration of a water-course and for the dépoait of soil from water-course clearances. Costs of execut- ing works under 25, In every case under section 22 or section 23, the section 22 or gee- cost of executing or completing the works shall be pavable tion 23 by whom | X = Prad o nuyable, by such person or persong deriving benefit from the waler- courses as the Colleetor may in cach case determine, Power of Cen- T ] . 3 tral Government . erh. The *|Central _Gow.-mmentr may, by nnt:fi.ca- to direet supply Lion, direct that g beneficiary ghal) be bound to furnish flf‘l:";w" by drr- 3o ckilled labour free of cost to Government for any one Bators, 'Substituted by Punjab Act LIV of 1953, for old section 20, “Substituted for the words “State Government” by the Punjab Reorpanieation (Chandigarh). (Adcptation of Laws on State and Con- current Subjests), Order, 1968, 1905 : Pb. Act IlIL] MINOR CANALS 23 or more of the following purposes in respect of any conal;— (a) construction; (b) maintenance in a state of efficiency; (¢) annual silt clearance; (d) execuling any work necessary thereto, 27. Upon the issue of a notification under section 26 powsr of Col- the Collector may, from time to {ime, by general or lestor upen i ecial order— sune of notification £pe ¥ under section 26, (a) determine the amount of labour to be provided or the amount of work to be performed by each ‘[ beneficiary| ; (b) regulate the attendance, distribution and con- trol of the labourers provided or the manner of the performance of the work; {c) ass=ss and recover the cost of sech labour from any person who fails to comply with an order pass=d under this section; and ¢d) furd all costs so recovered and expend them on the provision of hired labour for any of the canals to which the notifieation applies, or #[* * * =] gp any other purpo:e connected with the well-bzing thereof: Provided that the costs assessed as aforesaid shall net cxceed eight arnas for each day's labour of cach of the lzhourers in respect of whom default has occurred. 28. (1) The Collector, shall, whenever, the ‘[Central ;""L'e‘m". f’rfl L Government| may, by special order or by the rules mad e canal. under the authority of this Act, so direct, prepare or revise for any ecanal a record showing all or any of the followi ng matters, namely:— (a) the custom or rule of irrigation; (b) the rights to water and the conditions on which such rights are enjoyed; (=) the rights as to the ercction, repair, re-construc- tion and working of mills, and the conditions on which such rights are enjoyed; and 1Eybstituted by Puniab Act LIV of 1953 for the word “irrigator™. *The words “subject to the provisions, if any, of a record of rights speci€ed in section 26 or section 20" omitted by ibid. 3Substituted for the words “Stcie Government” by the Punjab Reorgamization (Chondigarh) (Adaptation of Lews on State and Con- current Subjects) Order, 1068, 532 MINOR CANALS [1905 : Ph. Act 111, (d) such other matters as the ’[Cenlral Govern. ment] by rule prescribe in this behall. (2) Entries in the record so prepared or revised shaj) Le relevant as evidence in any dispute as to the matterg recorded, and shall be presumed to be true until the cop. trary is proved or a new entry is lawfully substitutag therefor: Provided that no such entry shall be so construed as to limit any of the powers conferred on the '{Central Goy. ernment] by this Act. {3) When a record showing all or any of the matters enumerated in sub-section (1) has been framed at any satilement of the land-revenue already sanctioned by the ![Central] Government] and has been attested by a revenue officer, such record shall be deemed to have been made under this section. (4) Every person interested shall be bound to furnish o the Collector, or to any person acting under the direc. tion of the Collector, all information necessary for the eorrect preparation of a record under this section. (5) The provisions of Chapter IV of the Punjab Land Revenue Act, 1887, shall, so far as may be, apply to the T3 * preparation and revision of every such record. WATER-RATES. Levy of water- 29. (1) Subject to the terms of any agreement made rtes, Ly it with the owners or irrigators, the '[Central Govern- nient] may, by notification, direct that a rate or rates shall be Jevied for the use of water of a canal in an authorised r.anner. (2) The ‘[Central Government] may, by notification, also impose a special rate for water obtained or used with- cut authority or in an unauthorised manner. (3) The rate or rates imposed under subssection (1) or sub-section (2) shall be leviable from such persons deriving benefit from the water as the '[Central Gover' ment] may, by general or special rule direct. i 3 — _': —— _?;n_J_lb ‘Substituted for the words “State Government” by th 3 Reorganication (Chandigarh) (Adaptation of Laws on State and CON current Subjects) Order, 1968 » L 1205 : Ph, Aet 111,) MINOR CANALS 233 (4) Subject to the terms of a . ) ject 5 ny such agre | T aforesaid, the proceeds of any rate or rates Fi|_r':|'rl‘:_-r|:|lr|I:.'nl:i-::I’i |1hig section shall be disposed of in such manner as the [.Ccmf;;] Government! may, by general or special rull: direct. ; * a0, 11 water supplied through - Laavgiity when pphic ough n water-course be used r-m;n oo in an unauthorised manner, and if the per son by whose act authorfsedly cans or negleet such use has oceurred cannot be identified,— Dot bo ndentied. the person on whose land sueh water has flowed il such land has derived benefit therefrom, or, if such person cannot be identified, or if such TIand has not derived benefit therefrom, all the persons chargeable in respect of the water supplied through such water-course, chall be liable or jointly liable, a s the case may be, charges made for such use. to the through a water-course he Liability when d if, after enquiry by the Col- i l peglect such water 21. If water supplied suffered to rin to waste, an lector, the person through who se act or \was suffered to run to was te cannot be discovered, all the jersons chargeable in respect of the water supplied tyrough such water-course shall be jointly liable for the tharges made in respect of th e water so was 32, authorised use or for waste CmarEs recover- able In addition of water may be recovered i n addition to any penalties in- i penaities, urred on account of such use or waste, All questions under seetion 30 or section 31 shall be decided by the Collector. CHAPTER 1V 23 All charges for the un Pnovlsmh"s appLicarLe To CANALS INCLUDED UNDER Senepue 11 yernment] may o ther- This chapter isions of this Chanter :flfi ;‘m “':i’xd:; being included schedute I, 43. Except as the Y Central Go wiga dirget nnder section 69 the prov shall apply only to canals for the time by the Punjab under Schedule 11 TSubstiftated for the words “State Government’ Reorganisation (Chandisarh) {Adzptation, of Laws n State and Con- current Subjects) Order, 1968 234 amivonr caxars [1905 : Ph. Aet I, ;c.‘]‘l':'lm.':; Wi 34. Where there are numerous si:larc-hnldcrs in the taln cuazs, to de. vwnership of a canal, or where it is difficult to ascertain b ) .epeint (he persons who are shareholders or the extent of the wnal, T "interest of the shareholders, or any of them, the Collector may, if there is no proper manager or rt‘pf_e'ientfltwl?. Te. quired by a proclamation or notice in writing, the share. bolders to nominate, within a given period, a fit person asg manager of the canal and their representative, and. upon their failure to do so, may himself appoint any person to be the manager of such ecanal and the representative of the sharcholders, and the person so appointed may tiiereupon do all acts and things which the shareholders or any of them might lawfully do in regard to the manage- ment of such canal, and all acts and things so done by him shall be binding upon every person who possesses any share in the ownership of such canal. fower ofCenral 35 The *[Central Government] may, by notification, apply the pro-cleclare all or any of the provisions of section 28 (as to t‘f:fl"”; of - the preparation and revision of records) to be applicable canal “ te any canal, and, upon any such declaration being mada, such provisions shall, as far as may be, apply accordingly, Power to asmme 3§ (1) It shall be lawful for the '[Central Gov- e e srnment] by notification, to assume the control or manage- of & canal, r.ent, or both, of any canal— (a) if the owner of such canal consents thereto, and subject to the conditions (if ary) on which such consent may in any case be given; (b) if, after enquiry, the *[Central Government] is satisfied that the control or management exer- cised by or on behalf of the owner is such os causes grave injury to the property or health of persons owning lands in the vicinity; (c¢) in the event of any wilful and continuous breach of orders issued under section 39 of this Act, (2) When the control or management, or both, of any ranal is assumed under the provisions of sub-section (1), the '[Central Government] may exercise all or any of the rights and powers in regard thereto which, but for such assumntion, the owner might lawfully have exercised, and may delegate such powers or any of them to any person ISubstituted fc- the words “State Government” by the Punjsd Reorganization (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1068, 1905 : Pb. Act I1L] MINOR CANALS 235 kut Government shall, in the absence of . any d o agrgenlent to the contrary, be liable to accouflt i renc;: lirrc:; o time, to such owner for the income and L"Xpendilure thereof and may at any time restore the canal to the owner. 37. When the control or man il of owner canal shall be assumed by the a‘[?;?:;t' E;rmi,’;’#'.:;nfii{] I::f*:t mich @ under clause (D), or clause (c) of sub-section (1) of sec- :f".i:‘fu“fh'..'{“ S:: tion 36, and such control or management, shall have con. canal shall be ac- tinued for a period exceeding six years, the owner thereol, Tomment. e may, by notice in writing delivered to the Collector, re- \ quire that the Government shall acquire such canal.’ 38. On receipt of notice under section 37, the "[Cen- Power to acaulrs tral Government] shall by notification declare that the said i o dam i canal will be acquired after a day to be named in the y ’ <zic notification, not being earlier than three months from ¢he date thereof, and after the issue of such notification the Cellector shall proceed as in sections 46 and 47 provided. 39. The '[Central Government] may, after inguiry Power to8x the through the Collector, in respect of any canal, issue orders doufie o bl e as to all or any of the following things, namely:— rates and o Te- gulate the dis- tribution of' (a) fixing the limits within which land may be ir- water. rigated from such canal; (b) fixing, as it may deem equitable, the amount and character of the water-rates leviable by the owner, and the conditions on which such rates are to be paid, suspended, remitted or refunded; (c) regulating the supply and distribution of the water to and from such canal: Provided that if any land which has been cont inuous- Iy irrigated from the canal [or three years previously is oeprived of irrigation, or the income of the canal-owner frzom such caral is materially reduced by reason of any urders passed under this section, the owners of such land or the canal-owner shall be paid by Government or by 1 ‘Substituted for the words “State Government” by the Punjeb Reorganization (Chandigarh) (Adaptation of Laws on State and Con- wuarrent Sulijects) Order, 1968, 236 MINOR CANALS [1905 @ Ph. Aet 11y, such persons as Government may dlel.urmme .-au;:h eIm- pensation as the Collector may consider reasonable; Provided further that, if the canal-owner l'l{as in tha opinion of the '[Central Government] exercised his powerg as such in an arbitrary or inequitable m{mner._lm shall not be entitled to compensation under this section, Collection, o 40. (1) The '[Central Government] may, at the re. i ater of 'aquest of the owner, undertake the collection of the water. canul by the rates leviable in respect of a canal for such period as may Govern- i 15 ol f:;:"t,m YR be agreed upon with him, and may, thereupon: (a) regulate such collection and determine ihe persons by whom it shall be made; (b) direct that by way of payment for servies rendered in making such collection, deductions shall be made not exceeding three per cent of the amount collected. (2) During the period for which the '[Central Goe. ernment| has undertaken the collection of the water-rates lzviable in respect of a canal, no suit for the recovery of any such rates shall be instituted. CHAPTER V. PROVISIONS APPLICABLE TO ALL CANALS. T;‘;l:a 151'2“”‘5 flffi 41, Save as otherwise hereinafter expressly provid- Py ed, the provisions of this chapter shall be applicable to all canals, whether included under Schedule I or under “chedule 11, ' Consent or de- 42. Whenever, in respect of any canal, any question cision of the b owner haw to be AT15€5 Which has under this Act or the rules made there- determined, under to be determined by the request, consert or decision of the owner, and the ownership of such canal is vested in more persons than one who are unable to agree as 1o *Substituted for the words “Stete Government” Ly the Punjab Reorganiration {Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1068, = 1L SR 1905 : Pb. Act 1IL] MINOR caNALS 239 such request, consent or decision, it shall Collector to act on behalf of the owners in Efiyllfiéfll;uitfi: and the request, consent or deecision of the Collector jn' any such case shall be binding upon every person who pos- cesses any ghare in the ownership of such canal, In every such case the Collector shall give due con- «igeration to the wishes of the share-holder or share- holders who possess the larger interest, and when the question is one whether the Government shall be required to take any action, the wishes of such share-holder or share-holders shall prevail and be accepted by the Col- lector. 43. (1) Save as provided in the preceding section, geyement of whenever a dispute arises between two or more persuns&u'uputas. in regard to their mutual rights and liabilities in respect of the ownership, construction, use or maintenance of a canal or water-course, and any such person applies in writing to the Collector stating the matter in dispute, the Cellector shall give notice to the other person or persons interested that on a day to be named i n such notice or any such day to which the proceedings m ay be adjourned, he will proceed to inquire into the matter in dispute. (2) Upon the day so named or any such subsequent day as aforesaid, the Collector shall proc eed to hear and determine the dispute in the following manner, that is to say— (a) 1 the dispute relates to the ownership of a eanal or the mutual rights of owners in the use of the water of such canal or the c onstruc- tion or maintenance of a canal or the payment of any share of the costs of such con struction or maintenance or the distribution of the sup- ply of water from a canal, the Collector shall proceed as a Revenue Court under the provi- VL of sions of the Punjab Tenaney Act, 1887, and 158, the provisions of that Act regarding appeals, revisions and reviews shall be applicable. (b) If the dispute relates to a water-course the Collector shall hear and determine the case as a revenue-officer and shall make such order thereon as to him seems fit, and such order shall, unless set aside on appeal to the Comm is- sloner, be conclusive as to the use or d istribu- tion of water for any crop sown or growing a t 238 MINOR CANALS (1005 : Ph. Aeq the date of such order. The order of the Comy. missiorier on appeal shall in every such cazs [ final, Actulsitlen of 44. (1) Any person who has obtained the perm;, land for ent®lt. ginn of the '|Central Government] to construect, or whe owne a canal, may apply in writing to the Collector 2] take up any land required for the purposes of such eana; (2) If the Collettor is of apinion that the application should be granted, he shall submit it, with his recommen. dation, for the orders of the '[Central Government (3) M, in the opinion of the 'ICentral Governmens the application should, whether in whole or in part, he granted, jt may declare that the land is required for 2 public purpose within the meaning of the Land e\-.qui.v:it':cm Act, 1894, and dircct the necessary action to he taken i thereunder. mbf: Soquire 45. Whenever it appears to the ‘[Central Govers. or otherwise, 1u€nt] expedient in the public interest to acquire any canal, the *[Central Government] may by notificatior. deelars that the said canal will be acquired after a day to ke named in the said notification, not being earlier than six months from the date thereof. ?:‘;?:'-‘ o o 46. As soon as practicable after the issue of such iion. netification the Collector shall cause public notice to be given at convenient places stating that the 'lCentral Government| intends to acquire the said canal as aforesaid and that claims for compensation in respect of the acquisi- tion thereof may be made before him. Ingquiry iato 47. (1) The Collector shall proceed to inquire into any such claims and to determine the amount of compen- sation which should be given to the claiment. In assess ing such compensation the Collector shall proceed as pro- vided in section 55, but for the purposes of this section hs shall also have regard to the history of the canal, the ex- penditure incurred thereon and the profits of the owner. S S ‘Substituted for the words “State Government” by the Puna® Reorganisation (Chandigarh) (Adaptation) of Laws on State and €7 current Subjects) Order, 1968, e 1905 : Ph. Act III.| nminor CANALS 239 (2) No elaim for compensation shall be enf after the expiration of one year from the date o'f:r;l?em f:fiii Testtation” ot under section 46, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period. 48. (1) The '[Central Government] shall by notifi- cation declare the day on which a canal has heen acqmre:j fif“l:‘fi "é.nii"r:’ ment, by it (2) Subject to the award of compensation to the owner or person interested in the said canal, when the ICentral Government| acquires a canal,— (a) the right, title and interest therein of the owner thereof shall forthwith cease and determine; (b) such canal, subject to any rights to take water for irrigation which any person may have, shall forthwith vest in and be the absolute property of the '[Central Governmentl. 49. The '[Central Government], may, by notification power to regu- published in the Official Gazette, take power to regulate ‘lfl‘éfl f":o:_‘;;‘; the flow of water in any river, creek, natural channel or jiual channess line of natural drainage whether by the construction or or lines of natural removal of works or otherwise, and whenever it appears :mbftg’ mn to such Government, after enquiry through the Collector or order removal that the supply of water to a canal or the cultivation of any :‘;flfim land or the public health or public convenience is likely : to be injuriously affected by the obstruction of any river, creek, natural channel or line of natural drainage it may, by notification published as aforesaid, prohibit within the limits to be defined by such notification the formation of such obstruetion, or may within such limits order the re- moval or other modification of such obstruction. 50. (1) The Collector may, after such publication, Egawt::ct?afl?tfi Issue an order to the person causing or having control over publication of m}? such obstruetion to remove or modify the same within notiication, and a { myment of com- Ime to be fixed in the order. il Substituted for * H “ hy the Punjob Reurganj h'gsauan or the words “State Government” by {Chan, tate and Con- CUITEnt Subjects) flia:ari:} fAdaptatlon of Lows on Slate a 240 aiwor canaLs (1905 @ Ph. At ppp, (2) The Collector may himself remove of modify the cbstruction— i srson to whom the order under syp. ™ ;ictf;gnl)i:ti) whas issued fai ls to comply with thay order within the time 50 fixedl; anfl (b) in any case where the obstruction is not cays. od or controlled by any persom. 16 Collector shall determine from whom the cost E‘j )r:r:zr-ln:ving or modifying the obstr uction shall be e, covered, and the amount of compensation due o any person injuriously affected by the removal or modific ation of the obstruction and the person by whom such comypen- sation shall be payable: Provided that no compensation shall be awarded for an advantage obtained by an arbitrary or inequitable course of action. Power of the 51. When the *[Central Government] has by notif. Collecter Lo re- pulate fow water and rcation as provided in section 49 taken power to reculats pro- the flow of water in any river, creek or natural channel hibit or removier line of natural drainage it may authorise the Collactor obstructions, Powers &5 to exercise such power on its behalf in accordance with such rules as it may prescribe. A Collector so autherised may, in the exeeution of such rules exercise all the powars conferred upon him by section 50, and his authority shall include the power to take such action as the *[Central’ Government] is empowered by section 49 to take after en- quiry through the Collector. Such authority may on every occasion be exercised without the publication of any further notification in the *[Official Gazettel. to 52 (1) The Collector may, at any time, order the the eonstruction and maintenance © 7 1ET of any canal under Schedule 1T to— of works in res- pect of under I, nyey (a) repair and maintain, in a proper state, all o EBechedule any embankments, protective works, reservoirs, channels, water-dourses, sluices, outlets and other works connected with the canal; gubstituted for the words “Stule Govermnent” by the Punjsh Reorganisation (Chandigarh) (Adaptation of Laws on State and Cone current Subjects) Order, 1968, i 28ubstituted for the words “Gazetle” by the Government of Tndt (Adaptation of Indian Laws) Quder, 1937, e 1905 : I'b. Act TII.] MINOR CANALS 241 (b) construct, Il'epair and maintain, in a proper state, a suitable bridge, culvert, or similar work at any place across, under, or over the canal, for the purpose of providing communica- tion with any public road or thoroughfare which was in use before the canal was made; (¢) construct, repair and maintain, in a proper state, suitable works for the passage of the water of the canal across, under, or over any public road or thoroughfare or any canal or drainage or channel which was in use before the canal was made; (d) construct, repair and maintain, in a proper ctate, a suitable regulator a t or near the head of the canal where, for want of such regulator, an excessive supply of wate r may enter the & c‘anal or] cause damage to it, or any crops, lands, roads or property in the ne ighbourhood. [(2) The Collector may at a ny time order a beneficiary e of cost for any one or more to furnish unskilled lab our fre of the purposes specified in section 96 of this Act. | (3) Every order under sub-section (1) and (2) shall be in writing, and shall specify a reasonable time within which the works or r epairs mentioned ther ein shall be completely executed. (4) If any order made under this section is no t obey- ed, to the satisfaction of the Collector, within the time therein specified. the Collector may himself execute or complete the executi on of, or cause to be executed or com- rleted, all works or re pairs specified in the o rder. 59, In the case of canals in cluded under Schedule T, potms as to construction aml the Collector may— muaintenance u‘r works in respect wrge any of of canals under s[pencficiaries] to dischi Schedule 1 (a) call upon the ! ified in section 32, sub-section the liabilities spe C 1The words "anal"_m .- usad in this subeseetion does not include ‘yeater-course”, by Punjab A ct LIV of 1853 2Substituted by ibid. . 35ubstituted for the word wirrigators” by ibid. Sy, 245 MINOR CANALS [1905 : Ph, pg 1y ich the '[Central Governmr:pti may havs t(ifer):l:rr::i to attach to the *[beneficiaries] fron such canal or group of canals; or i formance of (b) himsell arrange for the per Suuck ) acts and recover the cost as provided i Pec. tion 57. possmsten anb sy 54, (1) If any new work is immediately requirng tn Inrruel works prevent serious detriment 1o the utility of a canal, the J:'m,wc:"“ " Collector may, notwithstanding anything in the TLang Ac. | quisition Aet, 1894, take immediate possession of any land 1s,” required for the construction of the work. (2) When the Collector has taken possession of ap. land under sub-section (1), he shall, upon application mady to him in this behalf, aseess and pay compensation 1inder section 55, (3) In the event of sudden and serioug damage or urgent risk to a canal or to property situate in the imme. diate neighbourhood thereof, or to irrigation carried s, therefrom, or to the public traffic, the Collector may, after giving previous notice, execute or ecayse to be execyteq such works as he may think necessary in order tq remedy or prevent such damage or risk, and may require any irm- fator to furnish such labour as to the said Collector may seem reasonable and necessary for the immediste execn. tien of such works, (¢) Labour furnished under this section shal] be paid for at the local market rate. (5) An order passed under sub-sections (3) and {4) shzal] be final. paid under any section nf this Act, other than sections 12, 14, 21, 39, and 50, the Collector shall proceed under the Provisions of the Langd Acquisition Aet, 1894, and the provisions of that Act regarding inquiries and awards by the Collector, references to the Civil Courts and procedure thereon, apportionment of tompensation, payment and ap- peals shall, as far g¢ may be, be applicable to a1 proceed- ings under thig section. ‘Substituted for u.L' words "sialt-e G]J;rnm;fii"_l;} the Punjub Reorganisatjon (Chandigurh) {Aduptation of Laws on State and Con- current Subjects) Order, 1068, I at 1534, (e 1905 : Ph. Act 111.] MINOR cANALS 243 56. With the consent of the parties g may, v\:hen assessing the amount ulp| ccmp‘erzr:tiogolrfdgz ;:r;: fi: ::rmu":; pai_d, d:re_r:t. in the case of an acquisition of land, that m;a supply of wates, property in such land shall remain with the owner subject to a right of user so long as the land is required for the purpose of the canal or water-course, compensation being ;.wardec_l for the right of user only, or in the case of an arquisition of a canal, or of land for the purposes of 2 canal, that the Cqmpensation shall take the form in whole or in part of a right to a supply of water from the canal which has been acquired or for t he purposes of which ike land has been acquired. 57. (1) When any land is acquired under the pro- Agportionment vision of section 44, or when any gork is executed b; on:;: =$ctm::ef”mr’a: under the orders of the Collector under ‘the provisions of 2°37°3 b caetion 50, section 52, section 53 o r section 54, the cost i ke acquiring such land or of exccuting such work, as the cuse may be, shall be recoverable— (@) if the canal is included under Schedule 11— from the owner thereof; or (b) if the canal is included under Schedule I— from the irrigators or such of them as are, in the opinion of the Collector, benefited or likely to be benefited by the acq uisition or equitably liable for the whole or any part of the cost of executing the work or fr om the proceeds of any water-rate levied u nder section 29: and (c) if such appropriation is no t contrary to the pro- visions of the record-of-rights specified in sec- tion 28 of this Act,—from the fund referred fo in section 27 of this Act. (2) When the cost of acq uiring any land or of exe- cuting any work is, under the provisions of sub-section (1), recoverable from the o wner of any canal or from the irrigators therefrom, or any of t hem, it shall be lawful for the Collector to apportion su ch cost 88 to him may seem equitable, among all or any of the persons liable for the whole ar any portion thereo f and such apportionment shall be final. (3) When the cost of acquiring S Efiifl. such land, if acquired in full propr secome the property of the cana l-owner. uch land has been jetary right, shall 244 JFower to e 58. (1) The *[Central Government] may, by Benary] TrEvinte MU or special order, prohibit or regulate the construction o new, and regulate the use of existing, mills upon canalg, and the appropriation of the water canals for working mills. MINOR CanaLs [1905 : Ph. Aet . 2 | Applieation of = 59. Except in so far as a contrary intention ig ex. of Lang Revenne Pressed, sections 13 to 16 (both inclusive) of the Punjay Act, 1887, Land Revenue Act of 1887, shall apply to all proceedings under this Act. Exclusion of i i 5 provided, no Civil ¢ Juaotion. o 60. Save as in section 55 p s ourt Civil Court ex-Shall have jurisdiction in any matter which a revenye cept under Land officer or Revenue Court is empowered by this Act to dis. fiequisition A<t pose of, or take cognizance of the manner in which the ‘[Central Government] or any Revenue officer or Revenue Court exercises any powers vested in it or him by or under this Aect. Power to ap- 61. (1) The [Central Government] may appoint any Efi;t"tfig:?fi:fmfi person or any class of officials to perform any functions or under this Act. {0 exXercise any powers, by this Act or the rules made thereunder conferred on or vested in the Collector, Com. irissioner, Finaneial Commissioner or such Government. (2) Such appointments may be made in respeet of any canal or of all or any of the canals situate within any specified local area. (3) In all matters connected with this Act, the ‘[Central Government] shall have and exercise over the Financial Commissioner, the Commissioner and the Col- lector, and the Financial Commissioner shall have and exercise over the Commissioner and the Collector, and the Commissioner shall have any exercise over the Collector, the same authority and control as it or they respectively have and exercise over them in the general and revenue Administration. Bowers af Sol: 62. For the purposes of ever i de and pro- o rodea 62. ¥ enquiry made pro- ;fitc‘;afig:e ey ceeding taken under this Act, the Collector or any other der the Act. Reverue Officer authorised by him in this behalf shall *Substituted for the words “State Government” by the Punish Reorganisation (Chand igarh) (Adaptation of Lews on State and Con- current Subjects) Order, 1068. Xy ot 1a 9“5 . b. Act ] CANA P 1 111 ] MINOR ANALS 245 have POWEr to summon and en fo examine parties and witnesses a;g cc::lrflpr:]tet?.dmm of qnd. of don_:uments, and for or any of these pue production exercise all cn'l any of the powers conferre dl'?ises may <V of Court, by !.llE Code of Civil Procedure. 1882 ) ?] Civil :Eif,- d_s,uch inquiry shall, for the purposes of the fndajn l;)vtry %fl % Cude, be deemed to be a judicial proceeding, an Penal ¢3. In all cases under sections 6, 8, 11, 21 = P 1, o363 30, 40, 42, 45, 4, 43, 30, 5%, 5 and 1 ofths omers o and "Aet, the owners and other parties int erested in the canal e g chall be given an opportu nity of appearing before the Col- phject in certaln canes, Jector and of showing cause to the contrary. 64, Every surnmons, notice, proclamation and other 3Moda of serv process issued under this Act shall , as far as may be, be mmw and served or made in the manner pr ovided in that behalf in mations, i ,:‘:-;fl cection 20, 21 and 22 of the Punjab Land Revenue Act, 1887. 5. Save as otherwise expressly provided in this Bas of compen- Act. no person shall be entitle d to recover any compensa- * 5o% Whess not tion for anything at any time done in good faith intended SF o T 10 be done in exercise of an y power conferred by this Act or by the rules made there under. 66. No suit, prosecution or other legal proceeding e s * chall lie against any person for anything done, ot in good under the Act. faith intended to be done u nder this Act or the rules made thereunder. suit or proceeding in which an entry C entral Governs tion 28 or section 33 :‘;" “;r‘&f pry he Court shall,and proceedings 67. (1) In any made in any record prepared u nder scc is directly or indirectly called in question, t before the final settlement of issues, EIVE notice of the su or proceeding to the Callector and, if moved to do so by the Collector shall make the #[Central Government! 8 party to the same. ) S 1See now the Code of Civil Procedure, 1008 (Act v of 1008). the Punjab “Substituted for the w wsigte Government” bY Reorgunis tion or the words “State n State &nd Con® i {Chundigarh) (Adaptation of Laws on S curTent Subjects) omer{: 1968, ¥ 246 MINOR CANALS [1905 : Ph. Aet Iy, Bar of other (2) Save asg : i b-section (1) no suit shall _ s provided in sub-section 4 ConepmeiEainst hgainst the '[Government] in respect of any thing done by the Collector or by any person acting under the orders cf the *[Centra] Government], in the exercise of ap Power by this Act conferred on such Collector or the “ICentrai Government], Power to recover 1 water-dues and 68, Al water-du other charges by At any time dye by or to be collected from any persan Tevenue process, under any provision of this Aet or under an agreement entered into by the owners of the canal or the parson irri- gating from it ang all arrears of such water-dues, water rates or other payments shall be recoverable as if the same Were arrears of land-revenue, es, water rates and other Paymentg ; . or all of the powers oxercisable by the creeks, situate “[Central] Go i may at any time be situate cut the limits of ‘[Union Territory of Chandigarhl and .m respect of so much of any such canal, river, or creek, a3 is within those limits; and in the case of any such canal, river, or creek, the *[Central Government] may by natification and notwithstanding the provisions of section 2, declare what section of this Aet shall be applicable thereto, Powers exercise- 70. Tn respeet of any canal sit eble In cases of 3 [Jpign Territory of Chandigarh] Zard to eanas Ment] may. by notification published situate ;‘}.f;f'm declare that the powers exercisabla Union Territory of Chandigerh. ~ 5¢Ction 54 may, under the ecircums be exercised by the Collector or other authorised officer within the limits of *[Union Territory of Chandigarh] for all or any of the purposes of such canal, uate beyond the limits the *[Central Govern. in the Official Gazette, by a Collector under tances there specifiad, 71. Whoever without proper authority and volun. de 3 A fiffifif . rtflrfl'y does any of the acts followiry, that 15 to say,— (1) damages, alters, enlarges, or obstructs any canal; ‘Substituted for the word “Crown" by the Adaptetion of Laws . 1950, Ordggu%sliluled for the words “State Government” by the Punjab Reorganiration (Chandigarh) (Adaptation of Laws on State and Con- “current Subjects) Order, 1968, . . “Subtituled for the words “Punjab” by ibid, = 100% Pbh. Act 1IL.] MINOR cawaLs 247 2y i feres with, i (2) H;:F?fflfizgmi}. increases or diminishes the sup- P4 r in, or the flow of water f{rom through, over or under any canal; ' (3) i.!}terferes with or alters the flow of water in any river, creek or stream so0 as to endanger, damage or render less useful any canal: o (4) being responsible for the maintenanc® of any water-course or using a water-course, negle-ts to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water there- from or uses such water in an unauthorised manner; ¢5) corrupts or fouls the water of any canal so as to ender it less fit for the purposes for which it is ordinarily used; (6) being liable to furnish labour under this Act, fails. without reasonable cause, to supply or to ssict in supplying the labour required of him; (7) being liable to supply labour under this Act, neglects, without reasonable cause, so to sup- ply and to continue to supply labour; (8) destroys or Temoves any l evel mark or water- gauge fixed by the authority of a public ser vant; (9) passes OT causes-animals or vehicles to pass on of the works, banks or c hanrels or across any . of 2 vanal contrary to ru les made under this Act after he has been desired to desist there- from; (10) disobeys any order ) under this Act, or commi any rule made thereunder; pefore a ‘[Judicial Magistrate directs in this behalf, or fo imprisonment or proclamation issued ts any breach of shall be liable on conviction of such class as the High Courtl 10 a fine not exceeding, fifty rupees not exceeding one month, or to both: !Subetituted for the words “Magistrate: of such class a3 the High Court™ By Punjab Act No. 25 of 1964, 248 MINOR CaANALS [1805 : Ph. Aet 0, -':‘i:s"&".‘ i 72, Any person in charge of or employed upon a rmnt, Definftion ‘canal’ for canal managed by servants of the '[Gavernment| or by a District Board, may remove from the lands or building, belonging thereto, or may take into custody without a warrant, and take forthwith before a Magistrate or tg the nesrest police-station, to be dealt with according to law any person who, within his view commits any of the following offences:— (1) wilfully damages or obstructs any canal; (2) without proper authority interferes with the supply of, or flow of water in or from any canal or in any river or stream, so as to endanges, damage or render less useful any canal. of 73, In sections 71 and 72 the word ‘eanal’ shall (un- poses of sechine less there be something repugnant in the subject or com. 71 and 72, text) be deemed to include also all lands occupied for the Furposes of canals and all buildings, machinery, fences, gates and other erections, trees, crops, plantations or other produce upon such lands. m to meke 74. (1) The *[Central Government) may malte rules, consistent with this Act, regulating any matter in regard te which any powers is, by this Act, conferred upon the “[Central Government], or 1ipon any officer of the * Govern. ment], and generally to carry out the purposes of this Act. (2) Without prejudice to the gererality of the power conferred by sub-section (1), rules made under thizs Act may provide for the levy of a rate imposed upon land in consideration of its protection from sand or flood, (3) All rules made under sub-section (1) shall be so made after previous publication in the Official Gazette ‘Substituted for the word “Crown” by the Adzptation of Laws Order, 1950, “Substifuted for the words “State Government” by the Punisb Reorganisation (Chandigarh) (Adaplation of Laws on State and Con- current Subjects) Order, 1908 e 1005 ¢ Ph. Act 1L mivon capars 249 Samouie | Cana) District e arg?! 1iissar gual Pabar] Bund . Ll ghats Bund ] padshahgur fund . fhersa pund Farfirur Bund rinurEnEMET Mand - wancear Bend shibopur Pund I farpiar Tt Jomnam Mand Al Ghanita ] Buné Khalilpwr fund | Qutsbigarh Pand | peraichl Bund Chandenl Bund Tehal Pund flarges® Palri Bund Kotla Yund Sabrun Bund Raheri Dund Algira Bana Taor Jatavh Fmbankemrnt Taorn Puns Dhdswar Hgnd Thandes’ Wasergut == Khal Dims Disbis Bong Mau Bung 5 —_— Cansl MINOR CANALS [1005 : Ph. Act 1y, SCHEDULE J=Contd Tristriey Bhund Dung Ghata Shamsabad Bund Rawa Bund Miswasi Bung Sakrawa Bund Shah Chokba Bund Dungocha Bund Aghawah Daulatwah Bacherawah Beroeswah Mayawah Butawzh Jalawah Nizamwah Khanwah Qutabwah Punjewah Mubarakwah Faralwah Kingweh Gurgacn—Ceneld r Ferozepore 1905 . Ph. Aet 11L] ainor canavs 251 T N Surpurr | Cana| District ] Sarusti Karnal Shah Nahr ; Hoshiarpur Kiran 2 ‘ Gurdaspur 0 * ' ‘ ScHepuLE IT Chakarpur Bund | Gelatpur Bas Bund e Gangaini Bund Gurgaon Nandrampur Bas Bund Kenmeida Bund Landoha and Megli Bund Hoshiarpur Natha Singh of Jhundwal's Canal ' {J - . * . | . — d,en Adsptation of Bengal nd M?{"il‘»efl by the Indlnn Indepen; ce l 53?‘ ) Order, 1948. (G.G.O. &0