Chapter I PRELIMINARY

1. (J) This Act may be called the Punjab Minor Canals Act of 1905.

1. (1) The provisions of this Act shall apply to the extent and in the manner hereinafter provided to evmy canal specified in either Schedule I or Schedule II as the case may be.
2. (2) At any time after the commencement of this Act, the '[State] Government may, from time to time, by notification,- ) include any canal under either Schedule 1 or Schedule 11, as the case may be, or trmfcr a canal &om one schcdult: to the other schedule, and thereupon the provisions of this Act applicable to canah included under such schedule, or such of the said provisbos as the =[State] Government may direct, shall apply tc such canal; oi
   • (b) excludefr~mtheoperationofthisActmycanalwhic'h now is, or hereafter may be, included under either Schedule I or Schedule II : Provided that no canal shdl be included under Schedule I, unless-
   • (a) it is owned in whole or in part by '[the State Government], Or
   • (b) is, at the conm-imcement of this Act, managed by '[Servants of thc: '(Government)] or by any local authority, or
   • (c) is situate partly within and party without the rerritories tn which this Act extends, or
   • (d) has been included under Schedule I l -and is transferred to Schedule I 3[by direction of the '(State) Government .]
3. (3) TheNorthernLndiacanalandDrainageAct, 1873, 80f ~haTl~~otappl~toanycmal~vhichisfor~hethe.beingincluded 1873. under either Schedule I or Schedule II.

In this Act, unless there is something repugnant in the subject or conteKt- (0 "Record-of-rights" and "Revenue-Officer" have 17 of the meanings assigned to them respectively in the 1887. Punjab Land Revenue Act, I 88 7; (il;) ''Canal" mcans any canal, na~ural or artificial channel or line of natural drainage or any reservoir, dam or embankment constructed, maintained or controlled for the supply or storage ofwater or the protection of land From flood or sand, and includes , any water-course or subsidiary works as defied in this section,

1. (iii) "Collector" means the head revenue officer of a district and includes any officer aypointed under this Act to exercise all or any of the powers of a Collector ;
2. (iv) "Commissjoner" means a Commissioner of a division and hcIudes any oficer appointed under this Act to exercise all or any of the powers of n Commissioner ; (19 "Construct ion" and "Construct' includc my alteration which would rmterially extend the area irrigable by a canal or any other alteration of material impon'ancc or the renewal of a canal after disuse for six years , but do not include the reiexcavation of a canal-head which has been temporarily abandoned owin to change in the river, the excavation of a new head necessitated by a change in the river or a change of wata-courses to render existing inigat ion more efficient; v "Creek"meansaqchannelofariverotherthmthemain channel through which the water of the river would, unless obsh-ucted by deposit of slit, naturally flow at some period of the year ; (~i!) 'LDktTi~t'' means a district as fbced for revenue purposes;
3. (viii) "Irrigator" means in respect of any laud which is irrigated from a canal any person for the time being directly deriving benefit by such irrigation and includes a landowner or I occupancy tenant of such land;
4. (ix) "Labour" includes labourers, cattle and 3ppliances necessary for the execution of the work for which -labour is to be supplied;
5. (x) "mil" 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 my other similar purpose, and includes all subsidmy works and structures connected with any such contrivance except the canal itself ; x "Subsidiaty 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 he prevention of floods or for the pl*ovision of proper drainage, in connection with such irrigation, and include also the land required for such works; (xi0 "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 with such channel ; (r?4. "Water-due" meam whatever is payable to Government in cash or kind by the owner of a 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; (:riv) "Water-rate'' means the charge made for canal water, other than a water-due or canal advantage, land-revenue rate; '[txv) "beneficid' means, in respect of any canal, any person for the time being deriving, ox who is to derive, benefit, directly or indirectly, from such canal.]