The Punjab Minor Canals Act, 1905

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.]

When the '[3(State) Government] has notified in this behalf any natural channel, lake or other collection of water, no person shall, withoutpermission previously obtained in the mer prescribed m the section next following, construct a canal intended to be fed hm any such channel, lake or other collection of water :

Application for permission and procedure thereon

1. (1) Any person desiring to construct a canal intended to be fed from any source of supply which has been notified by the '['(State) Government] wder section 4, my apply, in writing, to the Collector, for the permission presmibed in that section.
2. (2) E~ve~y application under sub-section
   • (I) shall be in such fm and shall contain such particulars as the 3[State]

Power of Collector to construct canal from notified source of supply

1. (I) When a source of supply has ken notified by the "(State) Governnlent] under section 4 and the Collector considers hat the construdion of a canaI to be fed therefrom will be advantageous, he shall give notice by general proclamation to all persons interested of his intention to construct such cand. (2) IF no objection to the construction ofsuch canal shall havc been preferred within a period to be specified in the notice undersub- section ( I), or if aiy such objection has been prefened within the said period, but has been finally over-ruled, the Collector may proceed to construct such canal. (3) The provisions of sections 50 and 63 shdI apply to all proceedings of the Collector under sub-section ( 1) of tbis section and under the preceding section, and the powers conferred upon the Collector by this and the preceding section shall be exercised subject to such sanction as the '[State]

Power to prohibit the unauthorized construction of and to close unauthorized canal

1. (1) If any person, without the permission necessary under sections 4 and 5 of this Act, or contrary to any of the conditions of such permission, commences to construct or proceeds with the construction of any canal, the Collector may, at any time, by order in writing, prohibit such person, and, by general proclamation, all other persons, 6om continuing the construction thereof : Provided that, unless i11 the case of a construction which would materially extend the area irrigable by a canal, no such order or proclamtion, as the case may be, shall be made or issued in respect of any canal which, at the time when it is proposed to make or issue such order or proclamation, has been used for irrigation for a period of three years without interruption, other than such as was due to natural causes beyond the control of the person aforesaid. (2)

If any person shall, at my time after the commencement of this Act, construct a canal without the permission necessary under sections 4 ad 5 ofthkAct, the Collectar may, \ith the previous sanction of the '[State] Government, cbse it md shut off the supply of water thereto, mdmayfurther, by orderin writing, prohibit such person, and, by general proclamation all other persons. from maintaining, repairing or eno owing such canal or continuing to use the water thereof

1. (1) Subject to the conditions, if any Imposed or agreed to by the '[State] Govment such Government may assess and levy water- dues in respect of- (i) canals made after the commencement of this Act; (ig) canaIs made before the commencement ofthis Act- (a) when the right to, or question of water-dues has been expressly reservcd by such Government, or (h) when the conditions upon which the owner of the canal has been allowed to use the water have been agreed on for a term and that term has expired, or
   • (c) when such water-dues already levied at the commencement of this Act. (I?) The demand on accont of water-dues shall lx assessed for a term of years, and shall be limited to an amount not exceeding one-quarter of the net profits which are lkely to accure to the owner of the cmaI during that term.

Save as otherwise hereinafter expressly provided, the provisions of this Chapter shall be applicable to all canals, whether included under Schedule I or under Schedule II.

Whenever, in respect of any canal, any question arises which has under this Act or the rules made thereunder, to be determined by the request, consent or decision of the owner, and the ownership of such canal is vested in more persons than one who are unable to agree as to such request, consent or decision, it shall be lawful for the Collector to act on behalf of the owners in any such matter, and the request, consent or decision of the collector in any such case shall be binding upon every person who possesses any share in the ownership of such canal. In every such case the Collector shall give due consideration to the wishes of the share-holder or share-holders who possess the larger interest, and when the question is one whether the Government shall be required to take any action, the wishes of such share-holder or shareholders shall prevail and be accepted by the Collector.

1. (1) Save as provided in the preceding section, whenever a dispute arises between two or more persons in regard to their mutual rights and liabilities in respect of the ownership, construction, use or maintenance of a canal or water-course, and any such person applies in writing to the Collector stating the matter in dispute, the Collector shall give notice to the other person or persons interested that on a day to be named in such notice or any such day to which the proceedings may be adjourned, he will proceed to inquire into the matter in dispute.
2. (2) Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute in the following manner, that is to say,-
   • (a) If the dispute relates to the ownership of a canal or the mutual rights of owners in the use of the water of such canal or the construction of maintenance of a canal or the payment of any share of the costs of such construction or maintenance or the distribution of the supply of water from a canal, the Collector shall proceed as a Revenue Court under the provisions of the Punjab Tenancy Act, 1887, and the provisions of that Act, regarding appeals, revisions and reviews shall be applicable.
   • (b) If the dispute relates to a water-course the Collector shall hear and determine the case as a Revenue Officer and shall make such order thereon as to him seems fit, and such order shall, unless set aside on appeal to the Commissioner, be conclusive as to the use or distribution of water for any crop sown or growing at the date of such order.

Acquisition of land for canals

1. (1) Any person who has obtained the permission of the '[State] Government to construct, or who owns a canal, may apply in writing to the Collector to take up any land required for the purposes of such canal.
2. (2) If the Collector is of opinion that the application should be granted, he shall submit it, with his recommendation for the orders of the '[State] Government.
3. (3) If, in the opinion of the '[State] Government the application should, whether in whole or in part, be granted, it may declare that the land is required for a public purpose within the meaning of the Land Acquisition Act, 1894, and direct the necessary action to be taken thereunder.

Whenever it appears to the '[State] Government expedient in the public interest to acquire any canal, the '[State]

Notice as to claims for compensation As soon as practicable after the issue of such notification the Collector shall cause public notice to be given at convenient places stating that the '[State]

Inquiry into claims

1. (1) The Collector shall proceed to inquire into any such claim and to determine the amount of compensation, which should be given to the claimant. In assessing such compensation the collector shall proceed as provided in section 55, but for the purposes of this section he shall also have regard to the history of the canal, the expenditure incurred thereon and the profits of the owner.
2. (2) No claim for compensation shall be enforceable after the expiration of one year from the date of the notice under section 46, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

1. (1) The '[State] Government shall by notification declare the day on which a canal has been acquired by it.
2. (2) Subject to the award of compensation to the owner or person interested in the said canal, when the '[State] Government acquires a canal-
   • (a) the right, title and interest therein of the owner thereof shall forthwith cease and determine,
   • (b) such canal, subject to any rights to take water for irrigation which any person may have, shall forthwith vest in and be the absolute property of '[the State Government.]

The '[State] Government may, by notification published in the official Gazette, take power to regulate the flow of water in any river, creek, natural channel or line of natural drainage whether by the construction or removal of works or otherwise, and whenever it appears, to such Government, after inquiry through the Collector that the supply of water to a canal or the cultivation of any land or the public health or public convenience is likely to be injuriously affected by the obstruction of any river, creek, natural channel or line of natural drainage it may, by notification published as aforesaid, prohibit within the limits to be defined by such notification the formation of such obstruction, or may within such limits order the removal or other modification of such obstruction.

1. (1) The Collector may, after such publication, issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.
2. (2) The Collector may himself remove or modify the obstruction-
   • (a) if the person to whom the order under sub-section
3. (1) was issued fails to comply with that order within the time so fixed; and
   • (b) in any case where the obstruction is not caused or controlled by any person.
4. (3) The Collector shall determine from whom the cost of removing or modifying the obstruction shall be recovered, and the amount of compensation due to any person injuriously affected by the removal or modification of the obstruction and the person by whom such compensation shall be payable :

Power of the Collector to regulate flow of water and prohibit or remove obstructions When the '[State] Government has by notification as provided in section 49 taken power to regulate the flow of water in any river creek or natural channel or line of natural drainage it may authorize the Collector to exercise such power on its behalf in accordance with such rules as it may prescribe. A Collector so authorised may, in the execution of such rules exercise all the powers conferred upon him by section 50, and his authority shall include the power to take such action as the '[State] Government is empowered by section 49 to take after inquiry through the Collector. Such authority may on every occasion be exercised without the publication of any further notification in the '[Official Gazette.]

1. (1) The Collector may, at any time, order the '[beneficiary] of any canal under Schedule II to-
   • (a) repair and maintain, in a proper state, all or any embankments, protective works, reservoirs, channels, water-courses, sluices, outlets and other works connected with the canal
   • (b) construct, repair and maintain, in a proper state, a suitable bridge, culvert, or similar work at any place across, under, or over the canal, for the purpose of providing communication with any public road or thoroughfare which was in use before the canal was made;
   • (c) construct, repair and maintain, in a proper state, suitable works for the passage of the water of the canal across, under, or over any public road or thoroughfare or any canal or drainage channel which was in use before the canal was made.
2. (4) construct, rapair and maintain, in a proper state, a suitable regulator at or near the head of the canal where, for want of such regulator, an excessive supply of water may enter the canal or cause damage to it, or any crops, lands, roads or property in the neighbourhood.
3. (2) The Collector may at any time order a beneficiary to furnish unskilled labour free of cost for any one or more of the purposes specified in section 26 of this Act.]
4. (3) Every order under subsections
5. (1) and
6. (2) shall be in writing, and shall specify a reasonable time within which the works or repairs mentioned therein shall be completely executed.
7. (4) If any order made under this section is not obeyed, to the satisfaction of the Collector, within the time therein specified, the Collector may himself execute or complete the execution of, or cause to be so executed or completed all works or repairs specified in the order.

In the case of canals included under Schedule I, the Collector may-

1. (a) call upon the '[beneficiaries] to discharge any of the liabilities specified in section 52, sub-section

1. (1) which the '[State] Government may have declared to attach to the '[beneficiaries] from such canal or group of canals; or
   • (b) himself arrange for the performance of such acts and recover the cost as provided in section 57.

1. (1) If any new work is immediately required to prevent serious detriment to the utility of a canal, the Collector may, notwithstanding anything in the Land Acquisition Act, 1894, take immediate possession of any land required for the construction of the work.
2. (2) When the Collector has taken possession of any land under subsection (1), he shall, upon application made to him in this behalf, assess and pay compensation under section 55.
3. (3) In the event of sudden and serious damage or urgent risk to a canal or to property situate in the immediate neighbourhood thereof, or to irrigation carried on therefrom, or to the public traffic, the Collector may, after giving previous notice, execute or cause to be executed such works as he may think necessary in order to remedy or prevent such damage or risk; and may require any irrigator to furnish such labour as to the said Collector may seem reasonable and necessary for the immediate execution of such works.
4. (4) Labour furnished under this section shall be paid for at the local market rate.
5. (5) An order passed under subsections
6. (3) and
7. (4) shall be final.

In assessing the amount of compensation to be paid under any section of this Act, other than sections 12, 14, 21, 39 and 50, the Collector shall proceed under the provisions of the Land Acquisition Act, 1894; and the provisions of that Act regarding inquiries and awards by the Collector, references to the Civil Courts and procedure thereon, apportionment of compensation, payment and appeals shall, as far as may be, be applicable to all proceedings under this section.

With the consent of the parties, the Collector may, when assessing the amount of compensation to be paid, direct, in the case of an acquisition of land, that the property in such land shall remain with the owner subject to a right of user so long as the land is required for the purpose of the canal or water-course, compensation being awarded for the right of user only, or in the case of an acquisition of a canal, or of land for the purposes of a canal, that the compensation shall take form in whole or in part of a right to a supply of water from the canal which has been acquired or for the purposes of which land has been acquired.

1. (1) When any land is acquired under the provisions of section 44, or when any work is executed by or under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54, the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable—
   • (a) if the canal is included under Schedule II,—from the owner thereof, or
   • (b) if the canal is included under Schedule I,—from the irrigators or such of them as are, in the opinion of the Collector, benefited or likely to be benefited by the acquisition or equitably liable for the whole or any part of the cost of executing the work or from the proceeds of any water-rate levied under section 29; and
   • (c) if such appropriation is not contrary to the provisions of the record-of-rights specified in section 28 of this Act,—from the fund referred to in section 27 of this Act.
2. (2) When the cost of acquiring any land or of executing any work is, under the provisions of sub-section (1), recoverable from the owner of any canal or from the irrigators therefrom, or any of them, it shall be lawful for the Collector to apportion such cost as to him may seem equitable, among all or any of the persons liable for the whole or any portion thereof and such apportionment shall be final.
3. (3) When the cost of acquiring such land has been paid, such land, if acquired in full proprietary right, shall become the property of the canal-owner.

The [State] Government may, by general or special order, prohibit or regulate the construction of new, and regulate the use of existing, mills upon canals, and the appropriation of the water of canals for working mills.

Except in so far as a contrary intention is expressed, sections 13 to 16 (both inclusive) of the Punjab Land Revenue Act of 1887, shall apply to all proceedings under this Act.

Save as to section 55 provided, no Civil Court shall have jurisdiction in any matter which a Revenue Officer or Revenue Court is empowered by this Act to dispose of, or take cognizance of the manner in which the [State]

Power to appoint officers to exercise functions under this Act

1. (1) The [State] Government may appoint any person or any class of officials to perform any functions or to exercise any powers, by this Act or the rules made thereunder conferred on or vested in the Collector, Commissioner, Financial Commissioner of such Government.
2. (2) Such appointment may be made in respect of any canal or of all or any of the canals situate within any specified local area.
3. (3) In all matters connected with this Act, the [State] Government shall have and exercise over the Financial Commissioner, the Commissioner and the Collector, and the Financial Commissioner shall have and exercise over the Commissioner and the Collector, and the Commissioner shall have and exercise over the Collector, the same authority and control as it or they respectively have and exercise over them in the general and revenue administration.

For the purposes of every inquiry made and proceeding taken under this Act, the Collector or any other Revenue Officer authorized by him in this behalf shall have power to summon and enforce the attendance of and examine parties and witnesses and compel the production of documents, and for any of these purposes may exercise all or any of the powers conferred on a Civil Court by the Code of Civil Procedure, 1882, and every such inquiry shall, for the purposes of the Indian Penal Code, be deemed to be a judicial proceeding.

In all cases under sections 6, 8, 11, 21, 23, 25, 30, 31, 34, 36, 38, 39, 40, 42, 43, 47, 49, 50, 52, 53 and 57 of this Act, the owners and other parties interested in the canal shall be given an opportunity of appearing before the Collector and of showing cause to the contrary.

Every summons, notice, proclamation and other process issued under this Act shall, as far as may be, be served or made in the manner provided in that behalf in sections 20, 21, and 22, of the Punjab Land Revenue Act, 1887.

Save as otherwise expressly provided in this Act, no person shall be entitled to recover any compensation for anything at any time done or in good faith intended to be done in exercise of any power conferred by this Act or by the rules made thereunder.

No suit, prosecution or other legal proceeding shall lie against any person for anything done, or in good faith intended to be done under this Act or the rules made thereunder.

1. (1) In any suit or proceeding in which an entry made in any record prepared under section 28 or section 35 is directly or indirectly called in question the Court shall, before the final settlement of issues, give notice of the suit or proceeding to the Collector and, if moved to do so by the Collector, shall make the [State] Government a party to the same.
2. (2) Save as provided in sub-section
3. (1) no suit shall lie against the Government in respect of anything done by the Collector or by any person acting under the orders of the [State]

Power to recover water-dues water-rates and other charges by revenue process All water-dues, water-rates and other payments at any time due by or to be collected from any person under any provision of this Act or under an agreement entered into by the owners of the canal or the person irrigating from it and all arrears of such water-dues, water-rates or other payments shall be recoverable as if the same were arrears of land-revenue.

Any or all of the powers exercisable by the State Government under this Act in respect of any canal, river, or creek, may be exercised by such Government in the case of any canal, river, or creek, which is or may at any time be situate partly with and partly without the limits of Punjab and in respect of so much of any such canal, river, or creek, as is within those limits; and in the case of any such canal, river or creek, the State Government may by notification, and notwithstanding the provisions of section 2, declare what sections of this Act shall be applicable thereto.

In respect of any canal situate beyond the limits of Punjab the State Government may, by notification published in the official Gazette, declare that the powers exercisable by a collector under section 54 may, under the circumstances there specified, be exercised by the Collector or other authorized officer within the limits of Punjab for all or any of the purposes of such canal.

Whoever without proper authority and voluntarily does any of the acts following, that is to say,–

1. (1) damages, alters, enlarges, or obstructs any canal ;
2. (2) interferes with, increases or diminishes the supply of water in, or the flow of water born, through, over or under any canal ;
3. (3) interferes with or alters the flow of water in any river, creek or stream so as to endanger, damage or render less useful any canal ;
4. (4) being responsible for the maintenance of any water-course or using a water-course, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water therefrom or uses such water in an unauthorized manner ;
5. (5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used ;
6. (6) being liable to furnish labour under this Act, fails without reasonable cause, to supply or to assist in supplying the labour required of him ;
7. (7) being liable to supply labour under this Act, neglects, without reasonable cause, so to supply and to continue to supply labour ;
8. (8) destroys or removes any level-mark or water-gauge fixed by the authority of a public servant,
9. (9) passes or causes animals or vehicles to pass on or across any of the works, banks or channels of a canal contrary to rules made under this Act after he has been desired to desist therefrom ;
10. (10) disobey any order or proclamation issued under this Act, or commits any breach of any rule made thereunder ; shall be liable on conviction before a Judicial Magistrate of such class as the High Court directs in this behalf, to a fine not exceeding fifty rupees or to imprisonment not exceeding one month, or to both.

Any person in charge of or employed upon any canal managed by servants of the Government or by a District Board may remove from the lands or buildings belonging thereto, or may take into custody without a warrant, and take forthwith before a Magistrate, or to the nearest Police-Station, to be dealt with according to law any person who, within his view, commits any of the following offences :-

1. (1) wilfully damages or obstructs any canal ;
2. (2) without proper authority interferes with the supply of, or flow of water in or from any canal or in any river or stream, so as to endanger, damage or render less useful any canal.

In sections 71 and 72 the word 'canal' shall (unless there be something repugnant in the subject or context) be deemed to include also all lands occupied for the purposes of canals and all buildings, machinery, fences, gates and other erections, trees, crops, plantation or other produce upon such lands.

1. (1) Thc *[State] Govelnrnent may make rules, consistent with this Act, regulating any rnatter in regard to which any power is, by this Act, conferred upon the ,'[State] Government, or upon any officer of the SIGovement]and generally to carry out the purposes of this Act.
2. (2) Withoutprejudicetothegener&tyoftl~epowmconferred by subsection (l), rules made under this Act may provide for the levy of a rate imposed upon land in consideration of its protection from sand or flood. (3) all rules made under sub-section
   • (I) shall be so made after previous publication in the Gazette

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.

Except as the State Government may otherwise direct under section 69 the provisions of this chapter shall apply only to canals for the time being included under Schedule II.

Where there are numerous share-holders in the ownership of a canal, or where it is difficult to ascertain the persons who are share-holders, or the extent of the interest of the share-holders, or any of them, the Collector may, if there is no proper manager or representative, require by a proclamation or notice in writing, the share-holders to nominate, within a given period, a fit person as manager of the canal and their representative, and, upon their failure to do so, may himself appoint any person to be the manager of such canal and the representative of the share holders, and the person so appointed may thereupon do all acts and things which the share-holders or any of them might lawfully do in regard to the management of such canal, and all acts and things so done by him shall be binding upon every person who possesses any share in the ownership of such canal.

The State Government may, by notification, declare all or any of the provisions of section 28 (as to the preparation and revision of records) to be applicable to any canal, and, upon any such declaration being made, such provisions shall, as far as may be, apply accordingly.

1. (1) It shall be lawful for the State Government, by notification, to assume the control or management, or both, of any canal-
   • (a) if the owner of such canal consents thereto, and subject to the condition (if any) on which such consent may in any case be given;
   • (b) if, after inquiry, the State Government is satisfied that the control or a management exercised by or on behalf of the owner is such as causes grave injury to the property or health of persons owning lands in the vicinity;
   • (c) in the event of any wilful and continuous breach of orders issued under section 39 of this Act.
2. (2) When the control or management, or both, of any canal is assumed under the provisions of sub-section (1), the State Government may exercise all or any of the rights and powers in regard thereto which, but for such assumption, the owner might lawfully have exercised, and may delegate such powers or any of them to any person, but Government shall, in the absence of any decree or agreement to the contrary, be liable to account from time to time, to such owner for the income and expenditure thereof and may at any time restore the canal to the owner.

When the control or management, or both, of a canal shall be assumed by the State Government under clause

1. (b) or clause
2. (c) of sub-section

1. (1) of section 36, and such control or management shall have continued for a period exceeding six years, the owner thereof may, by notice in writing delivered to the Collector, require that the Government shall acquire such canal.

On receipt of notice under section 37 the State Government shall by notification declare that the said canal will be acquired after a day to be named in the said notification, not being earlier than three months from the date thereof, and after the issue of such notification the Collector shall proceed as in sections 46 and 47 provided.

The '[State] Government may, after inquiry through the Collector, in respect of any canal, issue orders as to all or any of the following things, namely :-

1. (a) fixing the limits within which land may be irrigated from such canal;
2. (b) fixing, as it may deem equitable, the amount and character of the water-rates leviable by the owner, and the conditions on which such rates are to be paid, suspended, remitted or refunded ;
3. (c) regulating the supply and distribution of the water to and from such canal : Provided that if any land which has been continuously irrigated from the canal for three years previously is deprived of irrigation, or the income of the canal-owner from such canal is materially reduced by reason of any order passed under this section, the owners of such land or the canal-owner shall be paid by Government or by such persons as Government may determine such compensation as the Collector may consider reasonable : Provided further that if the canal-owner has in the opinion of the '[State]

Collection in certain cases of water-rates of a canal by the State Government

1. (1) The '[State] Government may, at the request of the owner, undertake the collection of the water-rates leviable in respect of a canal for such period as may be agreed upon with him, and may, thereupon,-
   • (a) regulate such collection and determine the persons by whom it shall be made;
   • (b) direct that by way of payment for service rendered in making such collection, deductions shall be made not exceeding 3 per cent of the amount collected.
2. (2) During the period for which the '[State] Government has undertaken the collection of the water-rates leviable in respect of a canal, no suit for the recovery of any such rates shall be instituted.

Canal District Rangoi Gual Pahari Bund Ghata Bund Badshahpur Bund Jharsa Bund Fazilpur Bund Naurangpur Bund Manesar Bund Shikopur Bund Bargujar Bund Kasan Bund Alipur Ghamraaj Bund Khalipur Bund Qutabgarh Bund Duraichi Bund Chaddeni Bund Palal Bund Pahri Bund Kotla Bund Sabras Bund Raheri Bund Akaira Bund Taoru Jatauli Embankment Taoru Bund Dhulawat Bund Chandeni Water-cut a01 Bund Dahina Bund Mau Bund Bhund Bund Ghata Shamsabat Bund Rawa Bund Miswasi Bund Sakrawa Bund Shah Chokha Bund Dungocha Bund Hissar Delhi Gurgaon Sarusti Karnal

Chakarpur Bund Gairatpur Bas Bund Gangaini Bund Gangaini Bund Nandrampur Bas Bund Kamalda Bund