Vidhi Codex

The Punjab Minor Canals Act, 1905

The Punjab Minor Canals Act, 1905

General190576 sections5 chapters

The Punjab Minor Canals Act, 1905, provides a legal framework for the construction, maintenance, and regulation of minor irrigation canals in the Punjab region. It empowers the State Government and the Collector to manage water distribution, approve the construction of new canals or water-courses, and resolve disputes between irrigators. The Act is essential for farmers and landowners, as it governs their rights to water access, sets rules for water-rates, and establishes penalties for unauthorized water usage or damage to canal infrastructure. It ensures that irrigation systems operate efficiently while protecting the rights of both the government and the individual landholders.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title and local extent
  2. 2Operation of Act
  3. 3Definitions

Chapter II CONSTRUCTION OF CANALS AND WATER-COURSES →

  1. 4Prohibition against construction of canals without permission
  2. 5Provided that nothing in this section shalI apply to the construction of a water-course from an existing canal.
  3. 6Government may prescribe in that behalf.
  4. 7Government may prescribe and in accordance with the ~vles made by such Government.
  5. 8Water-dues

Chapter V PROVISIONS APPLICABLE TO ALL CANALS →

  1. 41This Chapter applicable to all canals
  2. 42Consent or decision of the owner how to be determined
  3. 43Settlement of disputes
  4. 44The order of the Commissioner on appeal shall in every such case be final.
  5. 45Power to acquire canal by consent or otherwise
  6. 46Government may by notification declare that the said canal will be acquired after a day to be named in the said notification, not being earlier than six months from the date thereof.
  7. 47Government intends to acquire the said canal as aforesaid and that claims for compensation in respect of the acquisition thereof may be made before him.
  8. 48Vesting of canal in the Government
  9. 49Power to regulate flow of water in rivers, creeks, natural channels or lines of natural drainage and to prohibit therein or order removal therefrom of obstructions
  10. 50Power to remove obstruction after publication of notification and payment of compensation
  11. 51Provided that no compensation shall be awarded for an advantage obtained by an arbitrary or inequitable course of action.
  12. 52Power as to construction and maintenance of works in respect of canals under Schedule II
  13. 53Power as to construction and maintenance of works in respect of canals under Schedule I
  14. 54Power to take possession and to construct works in cases of emergency
  15. 55Assessment of compensation
  16. 56Compensation for right of user or in the form of a supply of water
  17. 57Apportionment and recovery of the cost of land acquired or works executed
  18. 58Power to regulate mills
  19. 59Application of sections 13 to 16 of Land Revenue Act 1887
  20. 60Exclusion of jurisdiction of Civil Court except under Land Acquisition Act
  21. 61Government or any Revenue Officer or Revenue Court exercises any powers vested in it or him by or under this Act.
  22. 62Powers of Collector in certain proceedings under the Act
  23. 63Permission to owners and parties interested in any canal to object in certain cases
  24. 64Mode of serving notices and making proclamations
  25. 65Bar of compensation where not expressly allowed
  26. 66Protection of persons acting under the Act
  27. 67Government to be party to certain suits and proceedings
  28. 68Government in the exercise of any power by this Act conferred on such Collector or the [State] Government.
  29. 69Powers as regards canals creeks situate partly without the limits of Punjab
  30. 70Powers exercisable in case of urgency with regard to canals situate beyond Punjab
  31. 71Offences under the Act
  32. 72Power to arrest without a warrant
  33. 73Definition of canal for purposes of sections 71 and 72
  34. 74Power to make rules

Chapter III PROVISIONS APPLICABLE TO CANALS UNDER SCHEDULE I →

  1. 9This chapter applicable only to canals under Schedule I
  2. 10General powers of Collector
  3. 11Power of Government to suspend or extinguish rights in or over any scheduled canal on payment of compensation
  4. 12Power to enter and survey, etc
  5. 13Power to enter for repairs and to prevent accidents
  6. 14Power to occupy land adjacent to canal for depositing soil from canal and to excavate earth for repairs to the banks and compensation for damage
  7. 15Supply of water through intervening water-course
  8. 16Such applicant shall also be liable for his share of the cost of maintenance of such water-course so long as be uses it.
  9. 17Procedure of Collector thereupon
  10. 18Application for transfer of existing water-course
  11. 19Inquiry into and determination of objections to construction or transfer of water-courses
  12. 20Upon the day so named or any such subsequent day as aforesaid, ~IIE: Collector shd proceed to hear and detamine the dispute or the objection as the case may be.
  13. 21Conditions binding on applicant placed in occupation
  14. 22Construction of outlets from canals by collector
  15. 23The Collector may construct or repair or alter a sluice or outlet to regulate the supply of water from a canal to any water-course.
  16. 24Procedure applicable to occupation for extensions and alterations
  17. 25Costs of executing works under section 22 or section 23 by whom payable
  18. 26Powers of State Government to direct supply of labour by irrigators
  19. 27Powers of Collector upon issue of notification under section 26
  20. 28Provided that the costs assessed as aforesaid shall not exceed eight annas for each day's labour of each of the labourers in respect of whom default has occurred.
  21. 29Levy of water rate
  22. 30Liability when person using unauthorizedly cannot be identified
  23. 31Liability when water runs to waste
  24. 32Charges recoverable in addition to penalties

Chapter IV PROVISIONS APPLICABLE TO CANALS INCLUDED UNDER SCHEDULE II →

  1. 33This Chapter applicable only to canals under Schedule II
  2. 34Power of the Collector in certain cases to declare or appoint a manager of a canal
  3. 35Power of State Government to apply the provisions of section 28 to any canal
  4. 36Power to assume control or management or both of a canal
  5. 37Right of owner upon such assumption to demand that the canal shall be acquired by the Government
  6. 38Power to acquire canal on demand of the owner
  7. 39Power to fix the limits of irrigation and water-rates and to regulate the distribution of water
  8. 40Government exercised his powers as such in an arbitrary or inequitable manner, he shall not be entitled to compensation under this section.

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