Operation of this Act

(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 .