The Dadra and Nagar Haveli and Daman and Diu Irrigation Act, 1973

(1) This Act may be called the Dadra and Nagar Haveli and Daman and Diu Irrigation Act, 1973.

(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli and Daman and Diu.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette appoint:

Provided that different dates may be appointed for different areas of the Union territory of Dadra and Nagar Haveli and Daman and Diu.

In this Act, unless the context otherwise requires, —

(1) "bandhara" means any structure, permanent or otherwise, constructed or maintained for the purpose of impounding or diverting water of any river, stream, lake or any natural collection of water, and includes any weirs, sluices, head walls, groins or any other works connected with such bandharas;

(2) "canal" includes— (a) all canals, channels, pipes and reservoirs, bandharas, weirs, tanks, ponds, spring ponds and sluices constructed, maintained or controlled by Government for the supply or storage of water; (b) all works, embankments, structures, and supply and escape channels connected with such canals, channels, pipes or reservoirs, bandharas, weirs, tanks and all roads constructed for the purpose of facilitating the construction or maintenance of such canals, channels, pipes or reservoirs; (c) all water-courses, drainage works and flood embankments; (d) any part of a river, stream, lake, natural collection of water or natural drainage-channel to which the Government may apply the provisions of section 4, or the water of which has been applied or used before the commencement of this Act for the purpose of irrigation; (e) all land belonging to the Government which is situated on the bank of any canal and which has been appropriated under the orders of the Government for the purposes of such canal; and (f) all mechanical and electrical appliances tools and plants and structures, installed or constructed, maintained or controlled by the Government for lifting water.

(3) "Canal-Officer" means any officer appointed, or vested with powers of a Canal-Officer, under section 3;

(4) "Collector" includes any officer appointed, by the Government to exercise all or any of the powers of a Collector under this Act;

(5) "drainage work" means any work in connection with a system of irrigation or reclamation made or improved by the Government for the purpose of the drainage of any place, whether under the provisions of section 14 or otherwise and includes escape-channels from a canal, dams, weirs, embankments, sluices, groins and other works connected therewith but does not include works for the removal of sewage;

(6) "flood-embankment" means any embankment constructed or maintained by the Government in connection with any system of irrigation or reclamation works for the protection of land from inundation or which may be declared by the Government to be maintained in connection with any such system, and includes all groins, spurs, dams and other protective works connected with such embankments;

(7) "Government" means the Administrator of the Union territory of Dadra and Nagar Haveli and Daman and Diu appointed by the President under article 239 of the Constitution;

(8) "Inspector" means such officer as the Government may declare to be an Inspector for the purpose of this Act;

(9) "land holder" or "holder" means the person in whom a right to hold the land is vested, whether solely on his own account or wholly or partly in trust for another person or for a class of persons or for the public and includes a mortgage vested with right of possession;

(10) "land under irrigable command of a canal" means such lands as are irrigated or capable of being irrigated from a canal, being under its command and shall include also such lands as are or shall be deemed to be irrigated within the meaning of section 37;

(11) "Mamlatdar" includes any officer appointed by the Government to exercise all or any of the powers of a Mamlatdar under this Act;

(12) "notification" means a notification published in the Official Gazette;

(13) "occupier" means in respect of any land, any person who has an interest in the land and cultivates the land himself or by his servants or by hired labour and includes a tenant;

(14) "owner" includes every person having a joint interest in the ownership of the thing specified and all rights and obligations which attach to an owner under this Act shall attach jointly and severally to every person having such joint interest in the ownership;

(15) "prescribed" means prescribed by rules made under this Act;

(16) "water-course" means any water-channel or pipe having a capacity not exceeding five hundred or as may be prescribed liters per second, which is supplied with water from a canal and includes all subsidiary works belonging to such channel or pipe except the sluice or outlet through which water is supplied to such channel or pipe.

The Government may— (a) appoint such officers with such designations, and assign to them respectively such powers and duties under this Act, as it may deem fit; (b) invest any Government Officer, in any Department, either personally or in right of his office by name or by virtue of office or any other person, with such powers, and impose upon him such duties, under this Act, as it may deem fit.

Whenever it appears expedient to the Government that the water of any river or stream flowing in a natural channel or of any lake, or any other natural collection of still water, should be applied or used by the Government for the purpose of any existing or proposed canal, the Government may, by notification declare that the said water will be so applied or used after a day to be specified in the said notification, not being earlier than three months from the date thereof.

At any time after the day specified under section 4, the Canal-Officer may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water, and for such purpose may take with him, or depute or employ, such subordinates and other persons as he deems fit.

Whenever it shall be necessary to make any inquiry or examination in connection with a proposed canal or with the maintenance of an existing canal, the Canal-Officer and any person acting under the general or special order of any such Canal-Officer, may—

(a) enter upon such land as he may think necessary for the purpose;

(b) exercise all powers and do all things in respect of such land as he might exercise and do, if the Government had issued a notification under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the effect that the land in that locality is likely to be needed for a public purpose; and

(c) set up and maintain water-gauges and do all other things necessary for the prosecution of such inquiry and examination.

The Canal-Officer and any person acting under the general or special order of any such Canal-Officer may enter upon any land, building or water-course with respect to which any water rate is chargeable under this Act, for the purpose of inspecting or regulating the use of water supplied or for measuring the land irrigated thereby chargeable with a water rate and for doing all things necessary for the proper regulation and management of the canal from which such water is supplied.

In case of any accidents being apprehended or happening to a canal, the Canal-Officer and any person acting under the general or special order of any such Canal-Officer, may enter upon land adjacent to such canal and may take all materials required to execute all works which may be necessary to such lands for the purpose of preventing such accident or repairing any damage done.

When a Canal-Officer or any other person acting under his general or special orders in this behalf proposes acting under the provisions of section 6, section 7 or section 8 to enter into any building or enclosed court or garden attached to a dwelling house, not supplied with water from a canal and not adjacent to a flood-embankment, he shall previously give to the occupier of such building, court or garden such reasonable notice as the urgency of the case may allow.

Suitable means of crossing canals shall be provided at such places as the Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent land, and suitable bridges, culverts or other works shall be constructed to prevent the drainage of the adjacent land being obstructed by any canal.

Whenever it appears to the Government that injury to the public health or public convenience or to any canal or to any land for which irrigation from a canal is available, has arisen or may arise from the obstructions of any river, stream or natural drainage course, the Government may, by notification, prohibit within limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modifications of such obstruction and thereupon so much of the said river, stream, or natural drainage course, as is comprised within such limits, shall be held to be a drainage work as defined in section 2.

The Canal-Officer, may after the publication of the notification under section 11, issue an order to any person causing or having control over any such obstruction; to remove or modify the same within such period as may be specified in such order.

If within the period specified in the order under section 12, any person does not comply with such order, the Canal-Officer, may cause the obstruction to be removed or modified and such person shall be liable to pay the expenses of removal or modification, and if the person does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable as an arrear of land revenue.

Whenever it appears to the Government that any drainage work is necessary for the public health or for the improvement of the proper cultivation or irrigation of any land, or that protection from flood or other accumulations of water, or from erosion by a river is required for any land, the Government may cause a scheme for such work to be drawn up and carried into execution, and the person authorised by the Government to draw up and execute such scheme may exercise in connection therewith the powers conferred on Canal-Officer by sections 6, 7 and 8 and shall be liable to the obligations imposed upon Canal Officer by sections 9 and 28.

(1) The Canal-Officer on being satisfied that the construction of water-courses in any area is necessary in the public interest for supply of water from a canal to lands requiring such supply for the purpose of cultivation, shall declare by notification, that such water-courses may be constructed after a date to be specified in the notification, not being earlier than thirty days from the date of publication thereof. A copy of such notification shall be sent to the Mamlatdar of the area for publication in the village concerned.

(2) After the date specified in the notification under sub-section (1) the Canal-Officer shall determine the suitable alignment for the water-courses and shall mark out the land, which in his opinion, is necessary to occupy for the construction thereof. He shall forthwith publish a notification by fixture on the notice board in his office that so much of such land as is situated within such village or villages has been so marked out and shall send a copy of such notification to the Mamlatdar for publication in every village through which the water-course is taken on such lands. He shall also send a copy of such notification to the Collector of every District in which such land is situated.

(1) On receipt of a copy of a notification under section 15, the Collector shall issue notices to the owner of such land and other persons interested in it to show cause why such land should not be acquired and after giving them a reasonable opportunity of being heard, if satisfied that such land is required for a water-course, proceed to acquire and take possession of such land under the provisions of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as if a declaration had been issued by the Government for the acquisition thereof under that Act and as if the Government had thereupon directed the Collector to take order for the acquisition of such land under the said Act and as if the Government had issued orders for the immediate possession being taken under the said Act.

(2) Notwithstanding anything contained in the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the acquisition of any land under sub-section (1) shall be deemed to be for a public purpose.

(3) Save as aforesaid, the provisions of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to acquisitions to be made under this Act.

On possession of the land being taken, the Canal-Officer shall fix the boundary marks in the prescribed manner and thereupon the ownership of such land shall vest in Government.

(1) Every user of water-course shall be bound to maintain such water-course in a fit state of repair for the conveyance of water.

(2) Every user of water-course shall subject to the provisions of Part IV be entitled to have a supply of water by such water-course on such terms as may be prescribed.

If any user of a water-course fails to fulfill any obligation imposed upon him by sub-section (1) of section 18, the Canal-Officer may require him, by notice to execute the necessary repairs within a period of not less than seven days to be specified in such notice, and, in the event of a failure, may execute the same and, except as hereinafter provided in this section, all expenses incurred in the execution of such repairs shall be a sum due by such user to the Government and shall be recoverable as an arrear of land revenue.

After any land has been acquired under section 16 and has vested in the Government under section 17, the Canal-Officer shall construct the water-courses necessary in the area.

The Canal-Officer by a notification in respect of any canal or class of canals may, after such inquiry as he deems fit, regulate in respect of any canal for each year or for a specified term of years at a time, as circumstances may require— (1) the time for letting out water for irrigation; (2) the period of supply; (3) the quantity of supply; and (4) the areas to be supplied at different times. Explanation:— A land shall be deemed to have been supplied with water if water is made available for irrigation of such land.

Any person aggrieved by the order of the Collector under section 28 or section 29 may, within ninety days from the date of communication of the order, prefer as appeal to the Administrative Tribunal.

All sums of money payable for compensation awarded under this Part shall become due three months after the final award is made, under section 29 and simple interest at the rate twelve percent per annum shall be allowed on any sum remaining unpaid after the said three months, except when the non-payment of such is caused by the neglect or refusal of the claimant to apply for or receive the same.

If compensation is awarded under section 29 on account of a stoppage or diminution of supply of water to any land paying land revenue to the Government and the amount of the land revenue payable on account of such land has been fixed with reference to the water advantages appertaining thereto, the holder of the said land shall be entitled to an abatement of the amount of land revenue payable to such extent as shall be determined by the Collector of the District.

(1) Such rates shall be leviable for canal water supplied for purposes of irrigation or for any other purpose, as shall, from time to time, be determined by the Government.

(2) If, owing to the construction of a new canal or to the improvement or extension of an existing canal, the quantity or duration of any water supply, in respect of which either no revenue or a fixed amount of revenue has hitherto been paid to the Government, is increased, rate shall be revised in respect of the increased water supply as may be determined by the Government.

(3) The rates mentioned in sub-section (2) shall be payable by the person on whose application the supply was granted, or by any person who uses the water so supplied.

If water supplied through a water-course be used in an unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be identified the person or all the persons on whose land such water had flowed, if such land has derived benefit therefrom, the person or all persons chargeable in respect of the water supplied through such water-course, shall be liable or jointly liable, as the case may be, for the charges which shall be made for such use under the rules made under this Act.

(1) If water supplied through a water-course be suffered to run to waste, and if, after inquiry, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, the person or all the persons chargeable in respect of the water supplied through such water-course shall be liable or jointly liable, as the case may be, for the charges which shall be made in respect of the water so wasted under the rules made under this Act.

(2) All questions arising under this section and section 34 shall be subject to the provisions of section 91 be decided by a Canal-Officer duly empowered by the Government in this behalf.

All charges for the unauthorised use or for waste of water may be recovered, as water-rates, in addition to penalties incurred on account of such use or waste.

If it appears to a Canal Officer duly empowered by the Government in this behalf to enforce the provisions of this section that any cultivated land within two hundred meters of any canal receives, by percolation or leakage from such canal, an advantage equivalent to that which would be given by a direct supply of canal water for irrigation, or that any cultivated land, wherever situated, derives by a surface flow, or by means of a well sunk within two hundred meters of any canal after the admission of water into such canal, a supply of water which has percolated or leaked from such canal, he may charge on such land a water-rate not exceeding that which would ordinarily have been charged for a similar direct supply to land similarly cultivated.

Explanation.— For the purpose of this Act, land charged under this section shall be deemed to be land irrigated from a canal.

(1) If it appears to the Canal-Officer that any natural stream, artificial drain or well sunk within two hundred meters of any canal is deriving percolation water from such canal, and the water from such stream, drain or well is used for purposes other than those of irrigation, he may charge for the use of such water, a water-rate not exceeding that as would ordinarily have been charged if the supply had been made from the canal for such purposes.

(2) The provisions of sub-section (1) shall not apply to water from such stream, drain or well used exclusively for domestic purposes by the residents of any village.

When the construction of a new canal or the improvement of extension of an existing canal is undertaken, the Government shall direct an officer empowered in this behalf to prepare a scheme showing the lands under the irrigable command of the canal and the betterment charges leviable on such lands and such other details as may be prescribed.

(1) The scheme prepared under section 39 shall be published in the Official Gazette and in such other manner as may be prescribed.

(2) The Canal-Officer empowered under section 39 shall also give notice to persons known or believed to be the owners of or interested in the land under irrigable command of the canal requiring them to appear before him either personally or by agent at time and place therein mentioned (such time not being earlier than one month from the date of the notice) to state their objections, if any— (a) to the inclusion of the lands in the scheme as the lands under irrigable command of the canal, and (b) to the imposition and recovery of the betterment charges on such lands.

On the date fixed under section 40 or on such other date to which inquiry may be adjourned, the officer concerned shall, after holding a formal inquiry in the manner provided by the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) or Dadra and Nagar Haveli Land Regulation, 1971 (2 of 1971), as the case may be and after hearing the objections, if any, stated by the persons as required by the notice under section 40 make an award, which shall specify,— (a) the lands under irrigable command of the canal, (b) the increase in value of such lands by the completion of the construction of a new canal or the improvement or extension of an existing canal, (c) the amount of betterment charges leviable on each of the land, (d) the date from which the betterment charges shall be leviable: Provided that no betterment charges shall be leviable in respect of any land which is unarable (kharaba).

(1) The increase in value on account of the completion of a new canal or the improvement or extension of an existing canal shall be the amount by which the value of the land on the completion date is likely to exceed the value of the land on the construction date and the betterment charges shall be one-half of such increase in value.

(2) For calculating the value of the land on the construction date and the increase in value on completion date it shall be lawful for the Government to prescribe by Rules the method and the particulars to be taken into account.

Explanation.— For the purposes of this section, the Government shall, by notification specify— (a) the date of the commencement of construction of any work in connection with the construction or improvement or extension of canal, as the construction date; (b) the date of completion of the construction, improvement or extension of a canal as the completion date.

(1) Any person aggrieved by award made under section 41, may within sixty days from the date of the award, appeal to the Collector.

(2) The provisions of Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) or Dadra and Nagar Haveli Land Regulation, 1971 (2 of 1971), as the case may be shall apply to such appeals, as if the officer empowered under section 39, was a Revenue Officer and the Collector was his immediate superior.

The Government may call for and examine the record of any inquiry under section 41 or of the proceedings in appeal under section 43 for the purpose of

Any order passed by the Government in revision under section 44 and subject to such order, the decision of the Collector on an appeal under section 43 and subject to the order of the Government in revision and the decision of the Collector on appeal, as the case may be, the award made under section 41, shall be final.

From the date specified in the award as the date from which the betterment charges shall be leviable, or from such date as may be otherwise specified by the Collector in appeal under section 43 or by the Government in revision under section 44 as the date from which such charges shall be leviable, the betterment charges recoverable in respect of any land shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge on the land in respect of which such betterment charges are leviable.

The betterment charges shall be payable on the date fixed under the rules made under this Act:

Provided that the owner of the land on which such charges are imposed may execute an agreement in favour of the Government agreeing to pay the amount of such charges by annual instalments together with interest at such rate and within such period as may be prescribed by rules.

Notwithstanding anything contained in section 47, the Government may allow the owner of the land on which the betterment charges may be payable to relinquish the whole or any part of the land or to deliver it in exchange in favour of the Government on such conditions as may be prescribed:

Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.

In addition to the water-rates or other charges leviable under the provisions of this Act, there shall be levied in respect of land under irrigable command of a canal a cess called “the irrigation cess.”

(1) In the case of unalienated land, the occupant, and in the case of alienated land, the superior holder, shall be primarily liable to the Government for the payment of the irrigation cess, inclusive of all arrears of such cess:

Provided that in the case of any land in the possession of a tenant, such tenant shall be primarily liable to pay the irrigation cess, in respect of such land.

(2) In the case of default by any person who is primarily liable under this section, the irrigation cess including all arrears as aforesaid, shall be recoverable— (a) from the occupant or superior holder, as the case may be, where the tenant was primarily liable, and (b) in any other case, from any other person in possession of the land:

Provided that where the irrigation cess is recovered under this section from a person who is not primarily liable for the same, such person shall be allowed credit for any payment which he may have duly made to the person who is primarily liable, and shall be entitled to credit, or the amount recovered from him, in account with the person who is primarily liable.

(1) The irrigation cess payable in respect of any land under the irrigable command of a canal shall be at such rates of such period as may be fixed by the Government by notification in the Official Gazette.

(2) The determination of such rates and period shall be final and shall not be questioned in any court:

Provided that no increase shall be made during such period in the rates so fixed.

The irrigation cess recoverable in respect of any land shall be leviable on such date as the Government may specify in this behalf.

(1) Every water-rate leviable or charged under this Act shall be payable in such instalments and on such dates and to such officers as shall from time to time be determined under the orders of the Government.

(2) Any such rate or instalment thereof which is not paid on the date when it becomes due shall be deemed to be an arrear of land revenue due on account of the land for the use of which canal water was supplied or which was benefitted by percolation or leakage from any canal and shall be recoverable as such arrear by any of the methods specified in the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) or Dadra and Nagar Haveli Land Regulation,1971 (2 of 1971), as the case may be including the forfeiture of the said land.

(3) The amount of the betterment charges or any of its instalments together with interest thereon if not paid on the dates specified in section 47 and the amount of irrigation cess, if not paid on the dates specified in section 52, shall be demand to be an arrear of land revenue due on account of the land in respect of which it is payable and also be recoverable as such arrear by any of the methods specified in the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) or Dadra and Nagar Haveli Land Regulation,1971 (2 of 1971), as the case may be including the forfeiture of the said land.

(4) Any other sum due to the Government or to the Canal-Officer under the provisions of this Act whether on behalf of Government or any other person under Part III of this Act which is not paid when demanded shall, be recoverable as an arrear of land revenue in accordance with the provisions of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) or Dadra and Nagar Haveli Land Regulation,1971 (2 of 1971), as the case may be.

(1) Whenever it appears to the Canal-Officer, that unless some work or repair is immediately executed such serious damage will happen to any canal as to cause sudden and extensive public injury or, that unless some clearance of a canal or other work which is necessary in order to maintain the established course of irrigation is immediately executed, serious public loss will occur, and that the labourers necessary for the proper execution of such work, repair or clearance cannot be obtained in the ordinary manner within the time that can be allowed for the execution of the same so as to prevent such injury or loss, the said officer may, by order, direct that the provisions of this section shall be put into operation for the execution of such work, repair or clearance and thereupon every able-bodied person who resides or holds land in or near the locality where such work, repair or clearance has to be executed and whose name appears in the list hereinafter mentioned, shall, if required to do so by such officer or by any person authorised by him in this behalf, be bound to assist in the execution of such work, repair or clearance as such officer or any person authorised by him in this behalf may direct.

(2) All persons so labouring shall be entitled to payment at rates which shall not be less than the highest rates for the time being paid in the neighbourhood for similar labour.

Subject to such rules as may be prescribed the Collector shall prepare a list of the persons liable to be required to assist as aforesaid and may add to or alter such list or any part thereof.

All orders made under section 54 shall be immediately reported to the Collector and to the Principal Engineer.

Any person who does not accept the amount payable under section 54 may appeal to the Collector within thirty days from the date of any tender of payment and the decision of the Collector thereon shall be final.

(1) If the Government considers that in the interest of the proper irrigation of lands under any canal maintained by any person or body of persons, the work of maintenance of such canals be taken over by the Government and the cost of such maintenance or any part thereof recovered from the holders of land benefitted by such canal, the Government may, by notification make a declaration to that effect and after expiry of a period of not less than three months from the date of publication of such notification to be specified therein, the Government shall take over and maintain in a fit state of repairs such canal:

Provided that no artificial reservoir owned by any land holder which is actually used for the purpose of irrigation by such land holder shall be declared under this section except — (i) on the request of the land holder, or (ii) in the opinion of the Government, such notification is necessary in the public interest:

Provided further that where a notification is issued in accordance with clause (ii) of the preceding proviso, the land holder concerned shall be paid such compensation for the deprivation of his rights as may be awarded by the Collector of the District after such inquiry as may be prescribed.

(2) On such taking over of canal it shall be deemed to be a canal within the meaning of clause (2) of section 2 and the provisions of this Act shall mutatis mutandis apply to it.

It shall be the duty of the Inspector of any village within the limits of which any Second-class Canal or portion of such canal is situated to report to the Mamlatdar without unnecessary delay any failure or neglect to carry out any of the repairs specified in section 69.

No suit, prosecution, or other legal proceedings shall be maintained against public servant or persons appointed under this part in respect of anything in good faith done or purporting to be done under the provisions thereof or the rules made thereunder.

The Government may by notification and after previous publication make rules as to all or any of the following matters, namely:— (1) the manner of framing and revising the Record of Rights; (2) the proceedings of any Officer who, under the provisions of this Part, is required to take action in any matter; and (3) generally to carry out the provisions of this part.

Except as may be prescribed, no person other than the Canal-Officer shall— (a) interfere with or divert the course of a natural stream; or (b) construct any earthen or masonry bund or weir on any channel or stream, flowing above or below any water-course.

No person, except with the written permission of the Canal-Officer shall obstruct the proper functioning of the various cross drainage works, such as culverts, aqueducts, super passages, syphons, weirs and allied works constructed for the safety of the canals or channels.

Whoever abets any offence punishable under this Act or attempts to commit such offences shall be punished with the punishment provided in this Act for such offence.

Any person in charge of, or employed in connection with any canal, may remove from the lands or buildings belonging thereto or may take into custody without a warrant, and take forthwith before a Magistrate or to the nearest police station, any person who within his view,— (1) wilfuly damages, obstructs or fouls such canal, or (2) without proper authority interferes with the supply or flow of water, in or from the canal, or in any river or stream so as to endanger, damage, make dangerous, or render less useful, such canal.

Nothing contained in this Act shall prevent any person from being prosecuted under any other law for the time being in force for any act or omission made punishable by this Act.

All offences under this Act except offences under clauses (vii) and (viii) of section 84 shall be cognizable.

Whenever any person is fined for an offence under this Act, the Court which imposes such fine, or which confirms in appeal or revision, a sentence of such fine or a sentence of which such fine forms a part may direct that the whole or any part of such fine may be paid by way of reward to any person who gave information leading to the detection of such offence or to the conviction of the offender.

Any person aggrieved by order of the Canal Officer under sections 12, 19, 24, 34, 35, 37 and 38 may within thirty days from the date of communication of the order prefer an appeal to the Collector of the district.

Any officer empowered under this Act to conduct any inquiry, may exercise all such powers connected with the summoning and examining of witnesses and the production of documents as are conferred on a Civil Court, by the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and every such inquiry shall be deemed to be a judicial proceeding for the purposes of sections 193 and 224 of the Indian Penal Code (Central Act 45 of 1860).

Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by the officer therein mentioned. Wherever it is practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by affixing a copy of the notice on the outer door of the house in which the person therein named ordinarily dwells or carries on business and if such person has no, residence or place of business within the District, service of any notice may be made by sending a copy of such notice by post in registered cover addressed to such person at his residence or place of business.

(1) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government, for any act done or purporting to be done under this Act, without the previous sanction of the Government. (2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of the functions imposed by, or under, this Act. (3) No suit shall be instituted against the Government in respect of any act done unless the suit is instituted within six months from the date of the act complained of. (4) In the case of an intended suit against any officer or servant of the Government under sub-section (1), or the Government under sub-section (3) the person intending to sue shall be bound to give the officer or servant or Government as the case may be, at least one month’s notice of the intended suit with sufficient description of the cause of action, failing which such suit shall be dismissed. (5) Save as otherwise expressly provided in this Act, no Civil Court shall entertain any suit instituted in respect of any matter to which this Act applies.

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable, to any neglect on the part of, any director, manager, secretary or other officer of the company such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purpose of this section, — (a) ‘Company’ means any body corporate and includes a firm or other association of individuals; and (b) ‘Director’ in relation to firm means a partner in the firm.

Nothing in this Act shall apply to any canal, channel, reservoir, lake or other collection of water vesting in any municipality.

(1) The Government may, after previous publication by notification, make rules for the purpose of carrying out the provisions of this Act, and such rules may be general for all canals or may be special for one or more canal, as may be specified in such rules. (2) Without prejudice to the generality of the foregoing power, such rules may be made in respect of the following matters, namely,— (a) the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter; (b) the amount of and charges to be made under this Act; (c) the economic use of water supplied from any canal; (d) the manner in which and the officer by whom complaints as to the inadequacy of means of crossing shall be investigated under section 10; (e) regulating the period of opening and closing the channels distributaries and sub-distributaries of canal; (f) the other manner in which the scheme shall be published under section 40; (g) the date or payment of the rate of interest on and the period which the instalments of betterment charges shall be paid under section 47; (h) the suspension or remission of betterment charges, the instalments thereof and the interest thereon; (i) the conditions subject to which the relinquishment or exchange of lands shall be permitted under section 48; (j) the division into zones of lands under the irrigable command of a canal for the purpose of the betterment charges leviable on such lands; (k) and generally to carry out the provisions of this Act. (3) [***]

The Diploma Legislative No. 1562 of [11th November, 1954] is hereby repealed.