Chapter I PRELIMINARY

(1) This Act may be called the Himachal Pradesh Minor Canals Act, 1976. (2) It shall extend to the whole of Himachal Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf.

1. (2) It shall extend to the whole of Himachal Pradesh.
2. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf.

(1) The provisions of this Act shall apply to the extent and in the manner hereinafter provided to every canal specified in either Schedule-I or Schedule-II, as the case may be. (2) At any time after the commencement of this Act, the State Government may, from time to time, by notification,- (a) include any canal under either Schedule-I or Schedule-II, as the case may be, or transfer a canal from one Schedule to the other Schedule, and thereupon the provisions of this Act applicable to canals included under such Schedule, or such of the said provisions as the State Government may direct shall apply to such canal ; or 1. For Statement of Reasons see Rajpatra, Himachal Pradesh (Extra-ordinary), dated st September, 1976, p. 1646. THE HIMACHAL PRADESH MINOR CANALS ACT, 1976 (b) exclude from the operation of this Act any canal included under either Schedule I or Schedule II : Provided that no canal shall be included under Schedule I, unless - (a) it is owned in whole or in part by the Government ; or (b) is at the commencement of this Act, managed by the Government or by any local authority ; or (c) is situated partly within and partly without the territories to which this Act extends ; or (d) has been included under Schedule II and is transferred to Schedule I by direction of the State Government : Provided further that only private kuhls affecting more than one beneficiary and covering an area not less than twenty acres shall be included in Schedule II .

1. (2) At any time after the commencement of this Act, the State Government may, from time to time, by notification,-
   • (a) include any canal under either Schedule-I or Schedule-II, as the case may be, or transfer a canal from one Schedule to the other Schedule, and thereupon the provisions of this Act applicable to canals included under such Schedule, or such of the said provisions as the State Government may direct shall apply to such canal ; or

1. For Statement of Reasons see Rajpatra, Himachal Pradesh (Extra-ordinary), dated

st September, 1976, p. 1646.

THE HIMACHAL PRADESH MINOR CANALS ACT, 1976

1. (b) exclude from the operation of this Act any canal included under either Schedule I or Schedule II : Provided that no canal shall be included under Schedule I, unless -
2. (a) it is owned in whole or in part by the Government ; or
3. (b) is at the commencement of this Act, managed by the Government or by any local authority ; or
4. (c) is situated partly within and partly without the territories to which this Act extends ; or
5. (d) has been included under Schedule II and is transferred to Schedule I by direction of the State Government : Provided further that only private kuhls affecting more than one beneficiary and covering an area not less than twenty acres shall be included in Schedule II .

subject or context-

1. (i) "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;
2. (ii) "canal" means any canal, natural or artificial channel or line of natural drainage or any reservoir, dam or embankment, well, tubewell and lift irrigation arrangements constructed, maintained or controlled for the supply or storage of water or the protection of land from flood or sand, and includes any water-course or subsidiary works as defined in this section ;
3. (iii) "Collector" means the Collector of a District and includes any officer appointed or authorised by the Government under this Act to exercise all or any of the powers of a Collector;
4. (iv) "Commissioner" means any officer appointed under this Act to exercise all or any of the powers of a Commissioner;
5. (v) "construction" or "construct" includes 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 does not include the re-excavation of a canal-head which has been temporarily abandoned owing to change in the river, the excavation of a new head necessitated by a change in the river or a change of water-courses to render existing irrigation more efficient;
6. (vi) "creek" means any channel of a river other than the main channel through which the water of the river would, unless

of the year ;

1. (vii) "district" means a district as fixed for revenue purposes ;
2. (viii) "Government" or "State Government" means the Government of Himachal Pradesh;
3. (ix) "irrigator" means, in respect of any land which is irrigated from a canal, any person for the time being directly deriving benefit by such irrigation and includes a landowner or any other person having interest in such land ;
4. (x) "labour" includes labourers, cattle and appliances necessary

for the execution of the work for which labour is to be

supplied ;

1. (xi) "local authority" means a municipal committee, municipal corporation, small town committee, notified area committee, gram panchayat, panchayat samiti, zila parishad or other authority legally entitled to or entrusted by the Government with the control or management of the municipal or local fund;
2. (xii) "mill" means any contrivance whereby the water power of any canal is used for grinding, sawing or pressing, or for driving or working machinery or for any driving or working machinery or for any other similar purpose and includes all subsidiary works and structures connected with any such contrivance except the canal itself ;
3. (xiii) "notification" means notification published in the Official Gazette;
4. (xiv) "Official Gazette" means the Rajpatra, Himachal Pradesh;
5. (xv) "prescribed" means prescribed by rules made under this Act;
6. (xvi) "record-of-rights" and "Revenue Officer" have the meanings assigned to them respectively in the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954) ;
7. (xvii) "subsidiary works" means all works required for the control 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 provisions of proper drainage, in connection with such irrigation, and includes also the land required for such work ; (xviii) “water-course" means any channel which is supplied with water from a canal and which is maintained at the cost of the irrigators, and includes all subsidiary works connected THE HIMACHAL PRADESH MINOR CANALS ACT, 1976 with such channel except the sluice or outlet through which water is supplied to such channel ;
8. (xix) "landowner" shall have the same meaning as assigned to it in the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954); and
9. (xx) "water rate", means the charge made for canal water.