Chapter III PROVISIONS APPLICABLE TO CANALS UNDER SCHEDULE I

Except as the [St ate] Government may othenvise direct under section 69 the provisions of this chapter shall apply only to canals for the time being included under Schedule I.

1. (1) Notwithstanding theexistence ofmyrightsinor Gmeralpow=r-rs over a canal or watei-course, the Collector may- u exerciseallpowersoEcontro1,managementanddirection for the efficient maintenance and working of such canal or for the due distribution ofthe water thereof, and @ whenever and so long as any watw-course, sluice or ootlet is not maintained in proper custom;rry repair, or any water- course, sluice or outlet through which water is supplied to any person, or, in the case of a sluice or outlet, to any water-course or arty person, is subjected to w ilhl damage or wrongful enlargement, stop the suppIy of water to such water-course, sluice or ~utiet or to any person. (2) NO claim shall be enforceable against thc '[Stale] Government or compensation in respect of loss caused by any order passed under subsection (I), but any person suffering loss by reason of any order passed under sub-sec.tion (1 )
   • (a) may c.laim such remission of the ordinslly charges payable for the use of the water as is authorised-by the '[State] Government : Provided that if any right to water entered in a record- of-rights prepared or revised under section 28{1) or deemed under sect ion 28
2. (3) to have been made under this Act or admitted in my agreement ktween the '[Stat ej Government and any person is substantially diminished in consequence of action taken under subsection (I )(a) ihe Collector shall award compensation under section 55 to such person in resped of the diminution of his right. (3) No right to the use of the water of a canal shall be, 1s ,f 1877. acquired under the '[Indian Limitation Act, 1877, not shall the 'r'(State) Government] be 1877. hund to supply any person with water.

1. (I) The 4[State] Government may at any time suspend or extinguish any right to which any person is entitled in or oyer any canal if the exercise of such right is prejudicial to the interests of other imgators or to the good management, improvement or extension of the canal. In every such case the '[State] Government shall cause to be paid to the person whose right is suspended or extinguished, compensation to be assessed by the Collector under section 55. 1fl assessing compensation for the purposes of this section, the Collector shall also have regard to the character of the right, the period during which it hz been enjoyed and the damage likely to be occasioned by its suspension or extinction.

The Collector or other person acting- under the general or specid orders of the Collector may enter upon any lands adjacent to an any canal, or through which any canal is proposed to be made, and undertake surveys or levels thereon; and dig am bi'r the sub-soil; and male and set up suitable landmarks, Ievel-marks and water-gauges; anr'do all other acts necessary for the proper prosecution of any inquiry relating tn any existing or projected canal under the charge oft he said Collector; and where otherwise such inquiry cannot be completed, the Collector or such other person may cut down and clear away any part of any standing crop, fence or jungle; and my also enter upon any land, building or water-course on account of which any water-ratc is chargeable, for the purpose of inspecting or regubting the use of the water supplied, or of measuring the iands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal : Provided that, if such Collrctor or person propeses to enter int~ any biilding or enclosed court or garden attached to a dwelling house not s~pplied with water flowing from any canal, he shall previously giwihe occupier of such building, court or garden at Ieast seven days' notce in writing of his intention to do so. In every case of entry under this section, the Collector shall, up01 application made to him in this behalf, assess and pay corrpensation for any damage which may be occasioned by any proceding under this section.

In case of any accident happening or being apprehended to i canal, the ColIector or any person acting under his general or speciaI orders in this behalf may enter upon any Iands adjacent to such canal, and may execute all works which may be necessary for the purpose of repairing or preventing such accident. In every such case, the Colleclclr shall, upon application made to hin~ in this behalf, assess and pay compensation under section 55, for any damage which may be occasioned by any proceeding under this section.

(I) The Collector or any person acting under hrs gaeral or special orders in this behalf my, within such distance from the canal as the '[State] Government may by rule determine, occupy land adjacent to any canal for the purpose of- (a) depositing upon it soil excavated &om the canal; or The ColIector shall, upon application made to him in this behalf, assess and pay compensation for any damage which may be occasioned by any proceeding under this section. (2) Theo~merofmylandwhich hasbeerioccupiedafierthe commencement of this Act for any purpose under sub-section (1) and has remained in such occupation for a period exceeding three years may require ihar such land shall be permanently acquired in accordance with provisions of section 44.

Whenever application is made to a Collector for a supply ofwater from a canal, and it appears to him expedient that such supply should be given, and that it should be conveyed through some existing water-course, he shall give notice to persons responsible for the maintenance of such water-course to show awe, on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed; and, after making inquiry on such day, the Collector shall determine whether and on what conditions the said supply shall bc conveyed through such water-course. The applicant shall not be entitled to use such water-course until he has paid the expense of any alteration of such water-course necessary in orda to his being supplied through it, and also such share of the first cost of such water-course as the Collector may determine.

Application for construction of new water-course Any person d6g the conslmction of a new water-course may appfy in writing to the Collector, stating- (i) that he has endeavoured unsuccesshlly to acquire, fiom the owners of the land through which he desires such water-course to pass, a right ro occupy so much of the land as will lx needed for such water-course: (ii) [hat he desires the ColIecto~; in his behalf and at his cost, to do all things necessary for acquiring such right; (iii) that he is able to defiay all costs involved in acquiring such right and constructing such water-come.

IftheCollectorconsiders- (i) that the construction of such water-course is expedient; and (ii) that the statements in the application are true, he shall call upon the applicant to ide sucl~ deposit as tbe Collector considers necessary to defray the cost of the preliminary proceedings, and the amount of any .compensation which he considers likely to become due under section 20 ; and, upon such deposit being made, he shall cause inquiry to be made into the most suitable alighent for the said water-course, and shall mark out the Iand which, in his opinion, it will be necessary to occupy for the construction thereof, and shall forthwith publish a notice in every village through which the water-course is proposed to be taken, tbat so much ofsuch Iand as belorigs to such village has been so wrked out.

Any person desiring that an existing water-course should be transferred fiom its present owner to himself, may apply in writing to the Collector slating- (i) that he bas endeavoured unsuccessfdly to procure such transfer Eom the owner of such water-course; , (ii) that he desires the Collector, in his behalf, and at his cost, to do all things mecessazy for procuring such transfer, (iii) that he is able to dekay the cost of such transfer. ~f the Collector considers- (a) that the said transfer is necessary for the ktter management of the irrigation kern such water-course, and (b) chat the statments in the application arc true, he shall call upon the applicant to make such deposit' as the Collector considers necessay to defray the cost of the preliminary proceedings, and the amount of any compcnsation that may become due under the prclvisions of section 20 in respect of such transfer; and, upon such deposit being made, he shall publish a notice of the application in every village affected.

1. (I) When within th~rty days fi-om the publication of anotice under sect ion 1 7 or section 1 8, as the case may be, any person interested in the land 01. water-course to which the notice refers, applies to the Collector as aforesaid, stating his objection to the construction or transfer for which application has been made, the Collector shall give notice to the other persons interested that, on a day to be named in such notice or any subsequent day to which the proceedings may be adjourned, he will proceed to inquire into the matter in dispute or into the validity of such objections as the case may be. (2)

Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation ("Expenses to be paid by applicant for construction or transfer of water-course before receiving occupation")

No applicant under section 16 or section 18, as the case may be, shall be placed in occupation of such land or water-course until he has paid to the person named by the Collector such amount as the Collector determines to be due as compensation for the land or water-course so occupied or transferred, and for any damage caused by the marking out or occupation of such land, together with all expenses incidental to such occupation or transfer.

Compensation to be made under this section shall be assessed as provided in section 55, but the Collector may, if the person to be compensated so desires, award such compensation in the form of a rent charge payable in respect of the land or water-course occupied or transferred.

If such compensation and expenses are not paid when demanded by the person entitled to receive the same, the amount may be recovered by the Collector, and shall, when recovered, be paid by him to the person entitled to receive the same.

("Conditions binding on applicant placed in occupation")

1. (1) When any such applicant has duly complied with the conditions laid down in section 20, he shall be placed in occupation of the land or water-course as aforesaid, and the following rules and conditions shall be thereafter binding on him and his representative in interest :-
   • (a) In all cases- First.- All works necessary for the passage across such water-course to water-courses existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Collector. Second.- Land occupied for a water-course under the provisions of section 17 shall be used only of the purpose of such water-course. Third.- The proposed water-course shall be completed to the satisfaction of the Collector one year after the applicant is placed in occupation of the land.
   • (b) In the cases in which land is occupied or a water-course is transferred, on the terms of a rent-charge- First.- The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determined by the Collector when the applicant is placed in occupation. Second.- If the right to occupy the land cease owing to a breach of any of these rules, the liability to pay the said rent shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such person as the Collector determines. Third.- The Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation; and if any such rent or compensation be not paid by the applicant or his representative in interest, the Collector may recover the amount, with interest thereon at the rate of six per cent per annum from the date on which it became due, and shall pay the same, when recovered, to the person to whom it is due.
2. (2) If any of the rules and conditions prescribed by this section are not complied with, or if any water-course constructed or transferred under this Act is disused for three years continuously, the right of the applicant, or of his representative in interest, to occupy such land or water-course shall cease absolutely.

("Construction of outlets from canals by collector")

Power to convert several water-courses running for a long distance side by side into one water-course ("Power to convert several water-courses running for a long distance side by side into one water-course")

1. (1) In the cases where there are water-courses running side by side or so situated as to interfere with the economical use or proper management of the water-supply, the Collector, if applied to for that purpose, or on his own motion may require the owners to make arrangements to his satisfaction to unite the water-courses or to substitute for them such system as, may have been approved by him.
2. (2) If the owners fail within such time as the Collector may fix to comply with any order passed by him under sub-section
3. (1) the Collector may himself execute the work.
4. (3) Whenever a water-course has been reconstructed or a new system substituted under subsection
5. (1) or sub-section (2), the Collector may fix the share in which the water shall be enjoyed for the persons entitled to use the water-course.

("Procedure applicable to occupation for extensions and alterations")

The procedure hereinbefore provided for the occupation of land for the construction of a water-course shall be applicable to the occupation of land for any extension or alteration of a water-course and for the deposit of soil from water-course clearances.

("Costs of executing works under section 22 or section 23 by whom payable")

In every case under section 22 or section 23, the costs of executing or completing the work shall be payable by such person or persons deriving benefit from the water-course as the Collector may in each case determine.

("Powers of State Government to direct supply of labour by irrigators")

The State Government may, by notification, direct that a beneficiary shall be bound to furnish unskilled labour free of cost to Government for any one or more of the following purposes in respect of any canal :-

1. (a) construction;
2. (b) maintenance in a state of efficiency;
3. (c) annual silt clearance;
4. (d) executing any work necessary thereto.

("Powers of Collector upon issue of notification under section 26")

Upon the issue of a notification under section 26 the Collector may, from time to time, by general or special order,-

1. (a) determine the amount of labour to be provided or the amount of work to be performed by each beneficiary;
2. (b) regulate the attendance, distribution and control of the labourers provided or the manner of the performance of the work;
3. (c) assess and recover the cost of such labour from any person who fails to comply with an order passed under this section; and
4. (d) fund all costs so recovered and expend them on the provision of hired labour for any of the canals to which the notification applies, or * * * * * *, on any other purpose connected with the well-being thereof:

Power to prepare record for canal

1. (1) The Collector shall, whenever the State Government may, by special order or by the rules made under the authority of this Act, so direct, prepare or revise for any canal a record showing all or any of the following matters, namely :-
   • (a) the custom or rule of irrigation;
   • (b) the rights to water and the conditions on which such rights are enjoyed,
   • (c) the rights as to the erection, repair, reconstruction and working of mills, and the conditions on which such rights are enjoyed and
   • (d) such other matters as the State Government may by rule prescribe in this behalf.
2. (2) Entries in the record so prepared or revised shall be relevant as evidence in any dispute as to the matters recorded, and shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor : Provided that no such entry shall be so construed as to limit any of the powers conferred on the State Government by this Act.
3. (3) When a record showing all or any of the matters enumerated in sub-section
4. (1) has been framed at any settlement of the land revenue already sanctioned by the State Government and has been attested by a revenue-officer, such record shall be deemed to have been made under this section.
5. (4) Every person interested shall be bound to furnish to the Collector, or to any person acting under the direction of the Collector, all information necessary for the correct preparation of a record under this section.
6. (5) The provisions of Chapter IV of the Punjab Land Revenue Act, 1887, shall, so far as may be, apply to the preparation and revision of every such record.

1. (1) Subject to the terms of any agreement made by it with the owners or irrigators, the State Government may, by notification, direct that a rate or rates shall be levied for the use of water of a canal in an authorised manner.
2. (2) The State Government may, by notification, also impose a special rate for all water obtained or used without authority or in an unauthorised manner.
3. (3) The rate or rates imposed under sub-section
4. (1) or sub-section
5. (2) shall be leviable from such person deriving benefit from the water as the State Government may, by general or special rule, direct.
6. (4) Subject to the terms of any agreement as aforesaid, the proceeds of any rate or rates levied under this section shall be disposed of in such manner as the State Government may, by general or special rule, direct.

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 on whose land such water has flowed if such land has derived benefit therefrom, or, if such person cannot be identified, or if such land has not derived benefit therefrom, 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, to the charges made for such use.

If water supplied through a water-course be suffered to run to waste, and if, after inquiry by the Collector, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water-course shall be jointly liable for the charges made in respect of the water so wasted.

All charges for the unauthorised use or for waste of water may be recovered in addition to any penalties incurred on account of such use or waste. All questions under section 30 or section 31 shall be decided by the Collector.