THE
(Punjab Act III of 1905)
C O N T E N T
S
CHAPTER I
PRELIMINARY
Sections
1. Short
title and local extent.
2. Operation
of Act.
3. Definitions.
CHAPTER II
CONSTRUCTION OF CANAL AND WATER-DUES
4. Prohibition
against construction of canals without permission.
5. Application
for permission and procedure thereon.
6. Power
of Collector to construct canal from notified source of supply.
7. Power to prohibit the unauthorised
construction of and to close unauthorised canal.
8. Water-dues.
CHAPTER III
PROVISIONS
APPLICABLE TO
CANALS UNDER SCHEDULE I
9. This
Chapter applicable only to canals under Schedule I.
10. General
powers of Collector.
11. Power of Provincial Government to
suspend or extinguish rights in or over any scheduled canal on payment of
compensation.
12. Power
to enter and survey, etc. Power to clear land. Power to inspect and regulate
water supply.
Notice
of intended entry into houses.
Compensation
for damage caused by entry.
13. Power to enter for repairs and to
prevent accidents.
Compensation for damage to land.
14. Power to occupy land adjacent to canal
for depositing soil from canal and to excavate earth for repairs to the banks
and compensation for damage.
15. Supply
of water through intervening water-course.
16. Application
for construction of new water-course.
17. Procedure
of Collector thereupon.
18. Application
for transfer of existing water-course.
Procedure
thereupon.
19. Inquiry into, and determination of,
objections to construction or transfer
of water-course.
20. Expenses to be paid by applicant for
construction or transfer of water-course before receiving occupation.
Procedure in fixing compensation.
Recovery of compensation and expenses.
21. Conditions
binding on applicant placed in occupation.
22. Construction
of outlets from canals by Collector.
23. Power to convert several water-courses
running for a long distance side by side into one water-course.
24. Procedure
applicable to occupation for extensions and alterations.
25. Costs
of executing works under section 22 or section 23, by whom payable.
26. Power
of Provincial Government to direct supply of labour by irrigators.
27. Powers
of Collector upon issue of notification under section 26.
28. Power
to prepare record for canal.
29. Levy
of water rates.
30. Liability
when person using unauthorisedly cannot be identified.
31. Liability
when water runs to waste.
32. Charges
recoverable in addition to penalties.
CHAPTER IV
PROVISIONS
APPLICABLE TO CANALS
INCLUDED UNDER SCHEDULE II
33. This
chapter applicable only to canals under Schedule II.
34. Power of the Collector in certain
cases, to declare or appoint a manager of a canal.
35. Power of Provincial Government to apply
the provisions of section 28 to any canal.
36. Power
to assume control or management, or both, of a canal.
37. Right of owner, upon such assumption,
to demand that the canal shall be acquired by the Government.
38. Power
to acquire canal on demand of the owner.
39. Power to fix the limits of irrigation
and water-rates and to regulate the distribution of water.
40. Collection in certain cases, of
water-rates of a canal by the Provincial Government.
CHAPTER V
PROVISIONS APPLICABLE TO ALL CANALS
41. This
Chapter applicable to all canals.
42. Consent
or decision of the owner how to be determined.
43. Settlement
of disputes.
44. Acquisition
of land for canals.
45. Power
to acquire canal by consent or otherwise.
46. Notice
as to claims for compensation.
47. Inquiry
into claims.
Limitation
of claims.
48. Vesting
of canal in the Provincial Government.
49. Power 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.
50. Power to remove obstruction after
publication of notification, and payment of compensation.
51. Power of the Collector to regulate flow
of water and prohibit or remove obstructions.
52. Power as to the construction and
maintenance of works in respect of canals under Schedule II.
53. Power as to construction and
maintenance of works in respect of canals under Schedule I.
54. Power
to take possession and to construct works in cases of emergency.
55. Assessment
of compensation.
56. Compensation
for right of user or in the form of a supply of water.
57. Apportionment
and recovery of the cost of land acquired or works executed.
58. Power
to regulate mills.
59. Application
of sections 13 to 16 of Land Revenue Act, 1887.
60. Exclusion
of jurisdiction of Civil Court except under Land Acquisition Act.
61. Power
to appoint officers to exercise functions under this Act.
62. Powers
of Collector in certain proceeding under the Act.
63. Permission to owners and parties
interested in any canal to object in certain cases.
64. Mode
of serving notices and making proclamations.
65. Bar
of compensation where not expressly allowed.
66. Protection
of persons acting under the Act.
67. Province of West Pakistan to be party
to certain suits and proceedings.
Bar of other suits against State.
68. Power to recover water-dues,
water-rates and other charges by revenue process.
69. Powers
as regards canals, creeks situate partly without the limits of the Punjab.
70. Powers exercisable in cases of urgency
with regard to canals situate beyond the Punjab.
71. Offences
under the Act.
72. Power
to arrest without a warrant.
73. Definition
of 'canal' for purposes of sections 71 and 72.
74. Power
to make rules.
SCHEDULE I
SCHEDULE II
[1]THE PUNJAB MINOR CANALS ACT, 1905
[2](Punjab Act III of 1905)
[1
June 1905]
An Act to make better
provision for the control and management of minor canals in [3][certain areas of West Pakistan]
WHEREAS it is desirable to make better provision for the
exercise of control over and for the regulation of the management of certain
minor canals in [4][certain areas of West
Pakistan];
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short title and local
extent.—
(1) This Act may be called the Punjab Minor Canals Act of 1905.
[5][(2) It extends to the Divisions of Rawalpindi, Sargodha, Lahore,
Multan, Quetta and Kalat except the Tribal Areas].
2. Operation of Act.— (1) The provisions of this
Act shall apply to the extent and in the manner hereinafter provided to every
canal specified in either Schedule I or Schedule II as the case may be.
(2) At
any time after the commencement of this Act, the [6][Provincial Government] may,
from time to time by notification—
(a) include any
canal under either Schedule I or Schedule II, as the case may be, or transfer a
canal from one Schedule to the other Schedule, and thereupon the provisions of
this Act applicable to canals included under such Schedule, or such of the said
provisions as the
[7][Provincial
Government] may direct, shall apply to such canal; or
(b) exclude from the operation of this Act any
canal which now is, or hereafter may be, included under either Schedule I or
Schedule II:
Provided that no canal shall be included
under Schedule 1, unless—
(a) it is owned in whole or in part by [8][Provincial Government] or
(b) is, at the commencement of this Act, managed
by [9][Servants of the State] or
by any local authority, or
(c) is situate partly within and partly without
the territories to which this Act extends, or
(d) has been included under Schedule II and is
transferred to Schedule I [10][by direction of the
Provincial Government].
(3) The
[11][* * *] Canal and Drainage
Act, 1873[12], shall not apply to any
canal which is for the time being included under either Schedule I or Schedule
II.
3. Definitions.— In this Act, unless there is
something repugnant in subject or context—
(i) “Record-of-Rights”
and “Revenue Officer” have the meanings assigned to them respectively in the
[13]Punjab
Land Revenue Act, 1887;
(ii) “Canal”
means any canal, natural or artificial channel or line of natural drainage or
any reservoir, dam or embankment constructed, maintained or controlled for the
supply or storage of water or the protection of land from flood or sand, and
includes
[14][any
portion of a canal or] any water-course or subsidiary works as defined in this
section;
(iii) “Collector”
means the head revenue-officer of a district, and includes any officer
appointed under this Act to exercise all or any of the powers of a Collector;
(iv) “Commissioner”
means a Commissioner of a Division and includes any officer appointed under
this Act to exercise all or any of the powers of a Commissioner;
(v) “Construction”
and “construct” include any alteration which would materially extend the area
irrigable by a canal or any other alteration of material importance or the
renewal of a canal after disuse for six years, but do not include the
re-excavation of a canal-head which has been temporarily abandoned owing to a
change in the river, the excavation of a new head necessitated by a change in
the river or a change of water-courses to render existing irrigation more
efficient;
(vi) “Creek”
means any channel of a river other than the main channel through which the
water of the river would, unless obstructed by deposit of silt, naturally flow
at some period of the year;
(vii) “District”
means a district as fixed for revenue purposes;
(viii) “Irrigator”
means in respect of any land which is irrigated from a canal any person for the
time being directly deriving benefit by such irrigation, and includes a
land-owner or occupancy tenant of such land;
(ix) “Labour”
includes labourers, cattle and appliances necessary for the execution of the
work for which labour is to be supplied;
(x) “Mill”
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 any
other similar purpose, and includes all subsidiary works and structures
connected with any such contrivance except the canal itself;
(xi) “Subsidiary
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
regulating of the irrigation therefrom or for the prevention of floods or for
the provision of proper drainage, in connection with such irrigation, and
includes also the land required for such works;
(xii) “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 except the sluice or outlet through which water is
supplied to such channel;
(xiii) “Water-due”
means 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 or the water of
any river, creek or stream flowing in a natural channel or of any lake or other
natural collection of water;
(xiv) “Water-rate”
means the charge made for canal water, other than a water-due or canal
advantage land-revenue rate.
CHAPTER II
CONSTRUCTION OF CANALS AND
WATER-DUES
4. Prohibition against
construction of canals without permission.— When the [15][Provincial Government] has
notified in this behalf any natural channel, lake or other collection of water,
no person shall, without permission previously obtained in the manner
prescribed in the section next following, construct a canal intended to be fed
from any such channel, lake or other collection of water:
Provided that nothing in this section shall apply to the
construction of a water-course from an existing canal.
5. Application for permission
and procedure thereon.— (1) Any person desiring to construct a canal intended to be fed from
any source of supply which has been notified by the [16][Provincial Government]
under section 4, may apply, in writing, to the Collector, for the permission
prescribed in that section.
(2) Every application
under sub-section (1) shall be in such form and shall contain such particulars
as the [17][Provincial Government] may
prescribe in that behalf.
6. Power of Collector to construct
canal from notified source of supply.— (1) When a source of supply has been notified by
the [18][Provincial Government]
under section 4 and the Collector considers that the construction of a canal to
be fed therefrom will be advantageous, he shall give notice by general
proclamation to all persons interested of his intention to construct such
canal.
(2) If no objection to
the construction of such canal shall have been preferred within a period to be
specified in the notice under sub-section (1), or if any such objection has
been preferred 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 shall apply to all proceedings of the Collector under
sub-section (1) of this 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 [19][Provincial Government] may
prescribe and in accordance with the rules made by such Government.
7. Power to prohibit the
unauthorised construction of and to close unauthorised canal.— (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,
from continuing the construction thereof:
Provided that, unless in the case of construction which would
materially extend the area irrigable by canal, no such order or proclamation,
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 any time after the commencement of this Act, construct a
canal without the permission necessary under sections 4 and 5 of this Act, the
Collector may, with the previous sanction of the
[20][Provincial
Government], close it and shut off the supply of water thereto, and, may
further, by order in writing, prohibit such person, and by general
proclamation, all other persons, from maintaining, repairing or renewing such
canal or continuing to use the water thereof.
8. Water-dues.— (1) Subject to the
conditions, if any, imposed or agreed to by the [21][Provincial Government],
such Government may assess and levy water-dues in respect of—
(i) canals made after the commencement of this
Act;
(ii) canals made before the commencement of this
Act—
(a) when the right to, or question of, water-dues
has been expressly reserved by such Government, or
(b) 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 were already levied at
the commencement of this Act.
(2) The
demand on account of water-dues shall be assessed for a term of years, and
shall be limited to an amount not exceeding one-quarter of the net profits
which are likely to accrue to the owner of the canal during that term.
CHAPTER III
PROVISIONS APPLICABLE TO
CANALS UNDER SCHEDULE I
9. This Chapter applicable only
to canals under Schedule I.— Except as the [22][Provincial Government] may
otherwise direct under section 69, the provisions of this Chapter shall apply
only to canals for the time being included under Schedule I.
10. General powers of Collector.— (1)
Notwithstanding the existence of any rights in or over a canal or water-course,
the Collector may—
(a) exercise all powers of control, management
and direction for the efficient maintenance and working of such canal or for
the due distribution of the water thereof; and
(b) whenever and so long as any water-course,
sluice or outlet is not maintained in proper customary 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 any person, is
subjected to wilful damage or wrongful enlargement, stop the supply of water to
such water-course, sluice or outlet or to any person.
(2) No
claim shall be enforceable against the [23][Provincial Government] for
compensation in respect of loss caused by any order passed under sub-section
(1), but any person suffering loss by reason of any order passed under
sub-section (1) (a) may claim such remission of the ordinary charges payable
for the use of the water as is authorised by the [24][Provincial Government]:
Provided that if any right to water entered in a record of
rights prepared or revised under section 28 (1) or deemed under section 28(3)
to have been made under this Act or admitted in any agreement between the [25][Provincial Government] and
any person is substantially diminished in consequence of action taken under
sub-section (1) (a) the Collector shall award compensation under section 55 to
such person in respect of the diminition of his right.
(3) No right to the use of the water of canal
shall be, or be deemed to have been, acquired under the
[26]Indian
Limitation Act, 1887, nor shall the
[27][Provincial
Government] be bound to supply any person with water.
11. Power of Provincial Government to suspend or
extinguish rights in or over any scheduled canal on payment of compensation.— (1)
The
[28][Provincial
Government] may at any time suspend or extinguish any right to which any person
is entitled in or over any canal if the exercise of such right is prejudicial
to the interests of other irrigators or to the good management, improvement or
extension of the canal.
(2) In
every such case the [29][Provincial 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. In 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 has been enjoyed
and the damage likely to be occasioned by its suspension or extinction.
12. Power to enter and survey, etc. Power to clear land. Power to
inspect and regulate water supply.— The Collector or other person acting under the
general or special orders of the Collector may enter upon any land adjacent to
any canal, or through which any canal is proposed to be made, and undertake
surveys or levels thereon; and dig and bore into the sub-soil;
and
make and set-up suitable land-marks, level-marks and water- gauges;
and do all other acts
necessary for the proper prosecution of any inquiry relating to any existing or
projected canal under the charge of the 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 may also enter upon any
land, building or water-course on account of which any water-rate is
chargeable, for the purpose of inspecting or regulating the use of the water
supplied, or measuring the land irrigated thereby or chargeable with a
water-rate, and of doing all things necessary for the proper regulation and
management of such canal:
Notice of intended entry into houses.—Provided that, if such
Collector or person proposes to enter into any building or enclosed court or
garden attached to a dwelling house not supplied with water flowing from any
canal, he shall previously give the occupier of such building, court or garden
at least seven days’ notice in writing of his intention to do so.
Compensation for damage caused by entry.—In every case of entry under
this section, the Collector 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.
13. Power to enter for repairs and to prevent accidents.— In case of any accident
happening or being apprehended to a canal, the Collector or any person acting
under his general or special orders in this behalf may enter upon any lands
adjacent to such canal, and may execute all works which may be necessary for
the purpose of repairing or preventing such accident.
Compensation
for damage to land.— In every such case, the Collector shall, upon
application made to him in this behalf, assess and pay compensation under
section 55, for any damage which may be occasioned by any proceeding under this
section.
14. Power to occupy land adjacent to canal for depositing soil from
canal and to excavate earth for repairs to the banks and compensation for
damage.—
(1) The Collector or any person acting under his general or special orders in
this behalf may, within such distance from the canal as the [30][Provincial Government] may
by rule determine, occupy land adjacent to any canal for the purpose of—
(a) depositing upon it soil excavated from the
canal, or
(b) excavating from it earth for repairs to the
canal.
The Collector 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) The owner of any land which has been occupied after the
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 that such
land shall be permanently acquired in accordance with the provision of section
44.
15. Supply of water through intervening
water-course.— Whenever application is made to a Collector for a
supply of water 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 the persons responsible for the
maintenance of such water-course to show cause, 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 be 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 order to his being supplied through it, and also such
share of the first cost of such water-course as the Collector may determine.
Such applicant shall also be liable for his
share of the cost of maintenance of such water-course so long as he uses it.
16. Application for construction of new water-course.— Any person desiring the
construction of a new water-course may apply in writing to the Collector,
stating—
(i) that he has
endeavoured unsuccessfully to acquire from the owners of the land through which
he desires such water-course to pass, a right to occupy so much of the land as
will be needed for such water-course;
(ii) that he
desires the Collector, in his behalf and at his cost, to do all things
necessary for acquiring such right;
(iii) that he is
able to defray all costs involved in acquiring such right and constructing such
water-course.
17. Procedure of Collector thereupon.— If the Collector considers—
(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 make such deposit as the 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 enquiry to be made into the most
suitable alignment for the said water-course, and shall mark out the land
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, that so much of such land as belongs
to such village, has been so marked out.
18. Application for transfer of existing water-course.— Any person desiring that an
existing water-course should be transferred from it's present owner to himself,
may apply in writing to the Collector stating—
(i) that he has
endeavoured unsuccessfully to procure such transfer from the owner of such
water-course;
(ii) that he
desires the Collector, in his behalf, and at his cost, to do all the things
necessary for procuring such transfer;
(iii) that he is
able to defray the cost of such transfer.
Procedure
thereupon.— If the Collector considers—
(a) that the said transfer is necessary for the
better management of the irrigation from such water-course, and
(b) that the statements in the application are
true,
he
shall call upon the applicant to make such deposit as the Collector considers
necessary to defray the cost of the preliminary proceedings, and the amount of
any compensation that may become due under the provisions of section 20 in
respect of such transfer,
and,
upon such deposit being made, he shall publish notice of the application in
every village affected.
19. Inquiry into, and determination of,
objections to construction or transfer of water-course.— (1)
When within thirty days from the publication of a notice under section 17 or
section 18, as the case may be, any person, interested in the land or
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) Upon the day so named or any such subsequent day as aforesaid, the
collector shall proceed to hear and determine the dispute or the objection as
the case may be.
20. 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.
Procedure in fixing compensation.— 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.
Recovery of compensation and expenses.— 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.
21. Conditions binding on applicant placed in occupation.— (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 or
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 for the purposes of such water-course.
Third— The proposed water-course shall be completed to the satisfaction
of the Collector within one year after the applicant is placed in occupation of
the land.
(b) In cases in which land is occupied or a
water-course is transferred, on the terms of a rent-charge.
Fourth— 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.
Fifth— If the right to occupy the land ceases owing to a breach of any of
these rules, the liability to pay the said rents 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.
Sixth— 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) 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.
22. Construction of outlets from canals by Collector.— The Collector may construct
or repair or alter a sluice or outlet to regulate the supply of water from a
canal to any water-course.
23. Power to convert several water-courses running for a long
distance side by side into one water-course.— (1) In 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) If the owners fail within such time as the Collector may fix to
comply with any order passed by him under sub-section (1) the Collector may
himself execute the work.
(3) Whenever a water-course has been reconstructed or a new system
substituted under sub-section (1) or sub-section (2), the Collector may fix the
shares in which the water shall be enjoyed by the persons entitled to use the
water-course.
24. 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.
25. Costs of executing works under section 22 or section 23, by whom
payable.—
In every case under section 22 or section 23, the cost 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.
26. Power of Provincial Government to direct
supply of labour by irrigators.— The
[31][Provincial
Government] may, by notification, direct that the irrigators from any canal or
any two or more adjacent canals shall be bound to furnish labour free of cost
to Government for the purpose of effecting the annual silt clearance of such
canal or canals or of maintaining such canal or canals, in a state of
efficiency or of executing any work necessary thereto, in either of the
following cases namely:-
(a) whenever such irrigators are bound, by a
condition entered in the record-of-rights of such canal or canals or of the
estates supplied with water therefrom or by established custom, to furnish such
labour, or
(b) whenever the land-owners who are responsible
for the payment of more than half the land-revenue assessed on the land
irrigated from such canal, or canals, agree to undertake to supply such labour.
27. 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,—
(a) determine the amount of labour to be provided
or the amount of work to be performed by each irrigator;
(b) regulate the
attendance, distribution and control of the labourers provided or the manner of
the performance of the work;
(c) assess and
recover the cost of such labour from any person who fails to comply with an
order passed under this section; and
(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 subject to the provisions, if any, of a record of
rights specified, in section 26 or section 28, on any other purpose connected
with the well-being thereof:
Provided that the costs assessed as aforesaid shall not exceed <