Application of Act VIII of 1873 to State Tube-well

In respect of any State Tube-well the provisions of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) (hereinafter referred to as the said Act) shall be deemed to apply in like manner as if such State Tube-wells were a Canal within the meaning of the Said Act, except the provisions of section 1, clause (4) of section 3, section 5, and Parts VI and VIII of the said Act: Provided that for the purpose of such application the said Act shall be subject to the following changes :— (1) In section 6 of the said Act for the words “so named” the words “named in a notification under section 3 of the Punjab State Tube-well Act, 1954” shall be deemed to be substituted and for the words “such application or use of the said water” the words “the application or use of underground water for the purpose of a State Tube-well” shall be deemed to be substituted. (2) In section 8 of the said Act clauses (a) and (c) and the reference thereto in clause (i), shall be deemed to be omitted, in clause (g) for the words “through any natural channel which has been used for purposes of irrigation” the words “In any well which has been used” shall be deemed to be substituted and in the last paragraph for the words and brackets “clause (a), (b) and (c)” the word and brackets “clause (b)” shall be deemed to be substituted. (3) In section 32 of the said Act :— (i) in sub-clause (j) of clause (a) the words “and with the previous sanction of the Central Government” shall be deemed to be omitted. (ii) clause (d) shall be deemed to be omitted. (4) In section 68 of the said Act, for the words “Such Officer shall thereupon give notice” the words “On receipt of such application or when in the opinion of the Divisional Canal Officer any such difference is likely to arise he shall give notice” shall be deemed to be substituted. (5) In clause (2) of section 70 of the said Act, the words “except by the construction of a tube-well” shall be deemed to be inserted before the word “interferes”, and clause (9) of the said section shall be deemed to be omitted.