THE
PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT 2023
(Act XIV of 2023)
C O N T E N T S
Section Heading
PART I
PRELIMINARY
1.
Short title, extent
and commencement.
2.
Definitions.
PART II
OWNERSHIP AND CONTROL
OF WATER
3.
All natural water to
vest in the Government.
4.
Certain rights of
riparian owners protected.
5.
Rights to water
accessed by public road etc.
6.
Certain abstraction
rights to ground water sources protected.
PART III
ESTABLISHMENT
7.
Territorial units.
8.
Functional units.
9.
Canal Officers and
their charges.
10.
Appointment of Canal
Officers and other officers.
11.
General duties and
powers of Canal Officers.
12.
Compensation for
damage to land etc.
13.
Sub-ordination of
Canal Officers.
14.
Manner of performance
of duties by Canal Officers.
15.
Conferment of duties
and powers of a Canal Officer upon other officers and persons.
PART IV
IRRIGATION AND
RECLAMATION SCHEMES
16.
Powers to apply
natural water for the purpose of a canal.
17.
Power to provide drain
and reclaim an area.
18.
Limits of
compensation on account of application of water or reclamation of an area.
19.
Prohibition on
construction of private canals and reclamation works.
20.
Preparation of
provisional schemes.
21.
Publication of
provisional schemes
22.
Submission and
disposal of objections to provisional scheme.
23.
Approval of
provisional schemes.
24.
Schemes for
construction of private canals and drains.
PART V
OF CONSTRUCTION AND
RUNNING OF
CANALS AND DRAINS
25.
Powers of a Canal
Officer to enter upon land and work on construction of a canal or drain.
26.
Responsibility to
provide means of crossing etc. at canals and drains.
27.
Removal of any
obstruction to drainage.
28.
Amount of water to be
supplied to a canal and the shares of irrigators therein.
29.
Addition of new areas
to irrigation area of a canal.
30.
Preparation of
seasonal canal regulation plans.
31.
Quality of canal
water etc. and prohibition to discharge noxious materials therein.
32.
Minimum standards of
irrigation and drainage services.
33.
Independent
measurement of standard of service.
PART VI
VILLAGE IRRIGATION
PLANS
AND WATER COURSES
34.
Preparation and
publication of draft village irrigation plans.
35.
Approval of village
irrigation plans.
36.
Notice to irrigators
etc. to construct an approved water course.
37.
Construction of
approved water course by irrigators.
38.
Construction of
approved water course on failure of irrigators to do so.
39.
Construction of a new
or alteration of an existing water course.
40.
Duty of persons
accepting supply of water from a canal to allow use of their lands for
construction of water course.
41.
Certain obligations
of water course owners.
42.
Resignation of
interests by an owner of water course and its transfer to any other person.
43.
Arrangement with an
owner of water course by other persons for supply of water.
44.
Payment of cost of
construction of water courses etc.
45.
Settlement of
disputes as to mutual rights and obligations in a water course.
46.
Prohibition on use of
land of water courses for any other purpose and demolishing, altering or
interfering with a water course.
47.
Restoration of
demolished or altered water courses.
48.
Ledger of water
courses.
PART VII
SUPPLY OF CANAL WATER
49.
Uses to which canal
water may be applied.
50.
Canal water to be
supplied through sanctioned outlets.
51.
Outlets to generally
supply canal water under gravity.
52.
Ledger of outlets.
53.
Prohibition to use
canal water without permission and method of obtaining such permissions.
54.
Prohibition on use of
percolated water without permission and method of obtaining such permissions.
55.
Permission to use
canal or percolated water to be transferable with land etc.
56.
Prohibition on sale
of canal water without permission.
57.
Village irrigation
schedules.
58.
Cutting off of
permitted canal water supply on irrigator’s request or long disuse.
59.
Permitted canal water
supply not to be interrupted or reduced except on given grounds.
60.
Abatement of rent on
interruption or reduction of canal water.
61.
Power to regulate
sowing, planting or growing of crops etc. in the interest of conservation and
productivity of canal water.
PART VIII
OF DRAINAGE
62.
No discharge to be
permitted in a drain without permission.
63.
Rate on lands
benefited by a drain.
64.
Construction of a
field drain by an owner etc.
65.
Prohibition on use of
land of a field drain for any other purpose and of demolishing, altering or
interfering with it.
PART IX
SAFETY OF DAMS AND
OTHER WORKS
66.
Irrigation works
safety evaluation unit.
67.
Listed dams etc. and
their registration with the unit.
68.
Vulnerability and
hazard classification.
69.
Certain
certifications by construction engineer required.
70.
Safety surveillance
and inspections by Canal Officer in-charge and owner.
71.
Duty to maintain
technical documents and logbooks.
72.
Duty to put in place
an emergency action plan.
73.
Duty of Canal
Officers in-charge and owners of dams etc. towards instructions passed by the
unit.
74.
Abandoned listed dams
and other works.
PART X
RIVERS, EMBANKMENT
WORKS AND FLOOD CONTROL
75.
River ledgers.
76.
Undue interference
with and use of river water prohibited.
77.
Power to remove undue
interference with or use of river water.
78.
Power to dredge,
deepen or widen etc. a river.
79.
Prohibition on
discharge of noxious matter in rivers.
80.
River improvement plans.
81.
Designation of a
reach of river etc. as Conservation Zone.
82.
Management of
Conservation Zones.
83.
Execution of public
embankment works.
84.
Execution of new
private embankment works.
85.
Pathways, hedges etc.
on embankments to vest in Government.
86.
Roads, water courses
and sluices passing over, through or under an embankment.
87.
Structural safety
standards for embankments.
88.
Alignment etc. of an
embankment to be fixed after study.
89.
Maintenance of
embankments.
90.
Regulations for
operation of dams, weirs, sluices etc.
91.
Flood risk management
strategy.
92.
Flood protection
plans.
93.
Duty towards
collaborative effort for flood protection.
94.
Powers of the Deputy
Commissioner to deal with floods.
95.
Designation of a
section of an embankment to be a fuse plug and its operation.−
96.
Flood forecasting and
routing analysis.
PART XI
OF GROUND WATER
97.
Ground water zones
and their administration.
98.
Measurement of ground
water.
99.
Duty of owners of
wells to allow collection of samples.
100.
Ground water
improvement plans.
101.
Execution of works to
re-charge or otherwise improve ground water.
102.
Unsafe discharge into
ground water prohibited.
103.
Officer in-charge of
a zone and officers subordinate to him to exercise powers of Canal Officers.
PART XII
OF NAVIGATION OF
RIVERS AND CANALS
104.
Declaration of a
river reach or canal to be a navigation line.
105.
Appointment of
Supervisors.
106.
Liability of vessels
to pay navigation charges.
107.
Removal and detention
etc. of vessels and goods.
OF ENGINEERING
ACADEMY
108.
Continuation of the
Academy.
109.
Board of Governors of
the Academy.
110.
Meetings and
procedure of the Board of Governors.
111.
General powers of the
Board of Governors.
112.
The Board Fund and
its sources.
113.
Application of the
Board Fund.
114.
Accounts keeping and
audit of fund.
115.
Superintendence of
the Board of Governors.
116.
Chairperson,
non-official members and Principal etc. to be public servants.
PART XIV
OF IRRIGATION
RESEARCH
117.
Continuation of the
Irrigation Research Institute.
118.
The Irrigation
Research Fund and its sources.
119.
Board for
administration of Irrigation Research Fund.
120.
Meetings and
procedure of the Research Board.
121.
General powers of the
Research Board.
122.
Application of the
Board Fund.
123.
Accounts keeping and
audit of the Research Fund.
124.
Superintendence of
the Research Board.
125.
Chairperson and
non-official members etc. to be public servants.
PART XV
OF CANAL PATROLS
126.
Constitution of Canal
Patrols.
127.
Certificates required
to exercise powers.
128.
Superintendence and
administration of Canal Patrols.
129.
Power to arrest
without warrant.
130.
Power to stop and
search without warrant.
131.
Procedure to be
followed after arrest.
132.
Power to register
information on offences.
133.
Investigation of
offences.
134.
Provisions of the
Code to apply on arrests etc. under this Act.
135.
Conferment of
additional powers of a police officer upon Canal Patrols.
PART XVI
OF FINANCIALS AND
PROPERTIES
136.
Rate for the use of
canal and percolated water.
137.
Rate on lands
benefiting from a reclamation work.
138.
Charges for
discharging matter into a drain.
139.
Assessment of annual
rates and charges.
140.
Special charges to
apply on unauthorized use of water and unauthorized discharge in drains.
141.
Wastage charges for
suffering the water to run to waste.
142.
Contributions for
betterment of irrigation works.
143.
Transfer of certain lands
benefiting from an irrigation work to be subject to payment of windfall charge.
144.
Toll on lines of
navigation and means of crossing rivers etc.
145.
Lease of certain
properties.
146.
Irrigation betterment
fund.
147.
Board for
administration of irrigation betterment fund.
148.
Meetings and
procedure of the Board.
149.
General powers of the
Board.
150.
Application of
irrigation betterment fund.
151.
Accounts keeping and
audit of irrigation betterment fund.
152.
Superintendence of
the Board.
153.
Chairperson and
non-official members etc. to be public servants.
154.
Suspension or
remission of sums due in certain cases of hardship.
155.
Penalty for late
payments.
156.
Payment of rates etc.
and recovery of outstanding sums.
157.
Power to contract out
collection of rates etc.
PART XVII
OF TRANSPARENCY AND
FAIR PLAY
158.
General rules of
conduct of Canal Officers etc.
159.
Conflict of interest
and related duties.
160.
Register of interests.
161.
Code of Conduct for
officers and other persons.
PART XVIII
OF OFFENCES AND
PUNISHMENTS
162.
Punishment for
interfering with or causing minor damage to an irrigation work.
163.
Punishment for
endangering the safety of an irrigation work.
164.
Punishment for
endangering safety of a dam or embankment.
165.
Punishment for
polluting or fouling water.
166.
Punishment for
unauthorized use, or interfering with any authorized use of water.
167.
Punishment for
constructing a private canal or a private drain without prior permission.
168.
Punishment for
failure to provide assistance or to comply with lawful instructions of a Canal
Officer.
169.
Punishment for
failure to comply with instruction of the unit to undertake a work for safety
of a listed dam or embankment.
170.
Punishment for
obstructing or threatening a Canal Officer or other officer in the exercise of
his powers or performance of his duties.
171.
Punishment for
violation of any other provision of this Act or rules.
172.
Canal Officer or
other person employed on canal may take offenders and machines and apparatus
into custody.
173.
Dealing with seized
machines etc.
174.
Punishment for
abetting or attempting to commit an offence.
175.
Cognizance of offences,
bails and proceedings etc.
176.
Compounding of
offences.
177.
Compensation to
persons injured by an offence and payment of awards to informants.
178.
Of offences by bodies
corporates.
179.
Saving of prosecution
under any other law and recovery of certain sums and charges.
PART XIX
OF APPEALS AND
REVISIONS
180.
Appeal against
certain orders of Canal Officers.
181.
Review Board and its
constitution.
182.
Sittings and
decisions of the Review Board.
183.
Making of revisions
and related authority of the Review Board.
184.
Correction of clerical
and arithmetical errors.
185.
Examination of record
of decisions etc. by Secretary.
PART XX
MISCELLANEOUS
PROVISIONS
186.
Summoning of
witnesses and documents etc.
187.
Notices how served.
188.
Service of notice
when a person cannot be served in ordinary manner.
189.
Exclusion of
jurisdiction of civil courts in matters within the jurisdiction of Canal
Officers.
190.
Special procedure for
acquisition of lands.
191.
Local police and
other authorities to assist Canal Officers.
192.
Certain works of
urgent nature may be executed without recourse to ordinary procurement
procedures.
193.
Requisition of labour
for carrying out urgent works.
194.
Power to take into
possession and use materials in relation to works of urgent nature.
195.
Payments for urgently
executed works to be a sum due.
196.
Duty to assist Canal
Officers when called upon to do so.
197.
Permits required to
carry out works on or to use right of way of rivers, canals and drains etc.
198.
Custody of works
carried out without permit or otherwise abandoned.
199.
Dealing with damages
to irrigation works.
200.
Delegation of power
and duties.
201.
Canal Calendar and
related duties.
202.
Power to make rules.
203.
Power to issue
Standing Instructions.
204.
Indemnity for acts
done in good faith.
205.
Repeals and savings.
206.
Act to override other
laws.
207.
Removal of
difficulties.
[1]THE PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT
2023
(ACT XIV OF 2023)
[17th February 2023]
An Act to make
provisions for management and control of irrigation, drainage and rivers in the
Punjab.
It is necessary to provide for better and sustainable
irrigation, drainage, and control and management of rivers, streams, lakes,
ground water and navigation in the Punjab, and the matters ancillary thereto.
Be it enacted by Provincial Assembly of the
Punjab as follows:
PART I
PRELIMINARY
1.
Short title, extent and commencement.− (1) This Act may be cited as the Punjab
Irrigation, Drainage and Rivers Act 2023.
(2) This
Act extends to whole of the Punjab.
(3) This
Act shall come into force at once.
2.
Definitions.− In this Act:
(a)
“Annual Closure” of a canal means
the period during which it remains closed in relation to its annual repair,
renewing and maintenance in accordance with a schedule approved by the
Secretary;
(b)
“Canal Collector” means an officer
from a class of officers appointed under this Act for the assessment and
collection of any rate, charge, contribution, penalty or any other sum under
this Act and such other duties as may be assigned to him under the rules or a
relevant Standing Instruction;
(c)
“Canal Division” means a Canal
Division constituted in terms of section 7;
(d)
“Canal Sub-Division” means a part
of the Canal Division constituted in terms of section 7;
(e)
“Canal Officer” means a Canal
Officer of any class referred to at section 9;
(f)
“canal” means a waterway and the
appertaining structures to convey water for the purposes of this Act and
includes an inundation canal, link canal, branch canal, distributary or minor
but does not include a watercourse;
(g)
“Chief Engineer” means a Canal
Officer in-charge of a Region;
(h)
“Chief Minister” means the Chief
Minister of the Punjab;
(i)
“Collector” means a District
Collector within the meanings of section 7 of the Punjab Land Revenue Act, 1967
(Act XVII of 1967);
(j)
“crop season” means the Kharif
season beginning on fifteenth day of the month of April and on or around
fifteenth day of the month of October and the Rabi season beginning on
fifteenth day of the month of October and ending on fifteenth day of the month
of June each year;
(k)
“dam” means a man-made barrier and
the appertaining structures erected for the purpose of holding back water to
form a reservoir;
(l)
“Department” means the Irrigation
Department;
(m)
“Deputy Commissioner” means the
Deputy Commissioner within the meanings of the Punjab Civil Administration Act,
2017 (III of 2017);
(n)
“Divisional Canal Officer” means a
Canal Officer in-charge of a Canal Division;
(o)
“drain” means a water way or other
work to remove or abstract and carry storm water or excessive sub-surface water
from an area for the purpose of this Act and includes its appertaining structures
and outfall;
(p)
“embankment” means a wall, bank or
other structure to prevent flooding of an area, or erosion of river banks, or
to train and guide the river flow in a desired manner;
(q)
“Government” means Government of
the Punjab;
(r)
“Institute” means the previously
established Irrigation Research Institute continued under section 117;
(s)
“irrigation area” means the area
irrigated by a canal or as the case may be an outlet of a canal;
(t)
“irrigation work” means any work,
building, installation, facility or other structure raised or executed, or a
machine, appliance, contrivance or other apparatus installed for the purpose of
this Act and includes a dam, headwork, weir, sluice, canal, watercourse, drain,
outfall, embankment, groin, river training work, sluice, head regulator, cross
regulator, bridge, weir, trench, pipe, bank, appliance, plant, tool, and any
office or other building and their appertaining structures and similar other
works;
(u)
“KhalPanchayat”
means a Khal Panchayat established under the Punjab Khal Panchayat Act, 2019
(XXV of 2019);
(v)
“lake” includes a lagoon, swamp, or
any other natural accumulation of water but does not include a dam;
(w)
“Lambardar”
means a Lambardar within the meanings of the Punjab
Land Revenue Act, 1967 (XVII of 1967);
(x)
“listed dam” means a dam requiring
a higher level of safety surveillance and registration with the unit under
section 67;
(y)
“listed embankment” means an
embankment requiring a higher level of safety surveillance and registration
with the unit under section 67;
(z)
“listed irrigation work” means an
irrigation work requiring a higher level of safety surveillance and
registration with the unit under section 67;
(aa)
“Minister” means the Minister in-charge
of the Department;
(bb)
“outlet” means a structure to allow
a measured water to flow out of a canal;
(cc)
“Patrol Officer” means an officer
or staff of the Canal Patrol assigned one or more duties mentioned at section
126 but does not include staff engaged in auxiliary duties such as ministerial
staff;
(dd)
“prescribed” means prescribed by
the rules;
(ee)
“private canal” means a canal
approved under section 24;
(ff)
“Region” means an irrigation Region
constituted under section 7;
(gg)
“revenue estate” means an estate within
the meanings of the Punjab Land Revenue Act, 1967 (XVII of 1967);
(hh)
“river” includes a stream, nullah,
hill torrent and any other natural drainage;
(ii)
“rules” means the rules made under
this Act;
(jj)
“Secretary” means the Secretary to
the Government, Irrigation Department;
(kk)
“Standing Instruction” means a
Standing Instruction issued under section 203;
(ll)
“Sub-Divisional Canal Officer”
means a Canal Officer and in-charge of a Canal Sub-Division;
(mm) “Superintending Canal Officer”
means a Canal Officer in-charge of a Canal Circle;
(nn)
“survey number” of a land means the
survey number of a field or parcel of land assigned under the Settlement Manual
of Board of Revenue Punjab;
(oo)
“unit” for the purpose of Part VIII
means the unit established under section 66 and for the purpose of Part IX the
unit established under section 96;
(pp)
“village irrigation plan” means a
plan within the meanings of section 35;
(qq)
“village irrigation schedule” means
a schedule of turns of irrigators for obtaining water from a canal within the
meanings of section 57;
(rr)
“water allowance” of a canal means
the volume of water in cusecs sanctioned for irrigation of one thousand acres
of irrigation area of that canal;
(ss)
“water course” means any channel
which is supplied with water from a canal for its application by an irrigator
and includes all appertaining works except the outlet from which such water is
supplied;
(tt)
“zone” for the purpose of Part X
means a zone for the administration of ground water in the Punjab constituted
under section 97.
PART II
OWNERSHIP AND CONTROL OF WATER
3.
All natural water to vest in the Government.− (1) Subject to the provisions of any
arrangements made by the Government in relation to riparian rights in the Indus
Basin, all rights in the water flowing in a river, canal or drain, or the water
held in a lake, dam or any other accumulation of water, or the water received
by way of percolation, regeneration or release as well as in the ground water
in the Punjab shall vest in the Government.
(2) No
rights in any water of a river or lake as well as in ground water being
supplied or likely to be supplied for a canal, drain or other irrigation work
shall be acquired, claimed or continued against the Government under the
Easements Act, 1882 (V of 1882) or under any other law that is for the time
being in force.
4.
Certain rights of riparian owners protected.− (1) Notwithstanding the provisions of section
3, the owner or occupier of a land through or contiguous to which runs any
river, canal or drain, or contiguous to which or partly within which, is
situated any lake or dam, shall have the right to take, free of charge, water
from that river, canal, drain, lake or dam for one or more of the following
purposes, namely:
(a)
domestic and ordinary use;
(b)
consumption of cattle or other
stock not being the cattle or other stock raised at a scale which is prohibited
under the relevant Standing Instruction; and
(c)
fire fighting.
(2) Nothing
in this section shall confer any right to the owner or occupier to install any
machine, appliance, contrivance or apparatus, or to carry out any work, or to
do any other thing that causes obstruction of or interference in the river,
lake, dam, canal or drain, or its bed, without permission under section 197.
5.
Rights to water accessed by public road etc.− (1) Notwithstanding the provisions of
section 3, any person may take, free of charge, water from any river, dam,
lake, canal or drain to which there is an access by a public road at the point
at which the water is taken, for:
(a)
domestic and ordinary use;
(b)
for consumption of cattle or other
stock other than the cattle stock being raised at a scale which is prohibited
under the relevant Standing Instruction; and
(c)
firefighting.
(2) Nothing
in this section shall confer any right to a person to install any machine, appliance,
contrivance or apparatus, or to carry out any work, or to do any other thing
that causes obstruction of or interference to the river, dam, lake, canal or
drain, or its bed, without having first obtained a permission under section
197.
6.
Certain abstraction rights to ground water
sources protected.− (1) Notwithstanding the provisions of section
3, an owner or occupier of a land may continue to abstract ground water free of
charge, if he had been making such abstraction at the commencement of this Act
for one or more of the following purposes:
(a)
domestic and ordinary use;
(b)
consumption of cattle or other
stock not being the cattle or other stock being raised at a scale which is
prohibited under the relevant Standing Instruction; and
(c)
irrigation of not more than twelve
acres of land owned or occupied by him:
Provided that, in view of the
respective Canal Officer, such abstraction does not diminish the rights of any
other person or the amount of water previously committed towards any other
purpose.
(2) All
abstractions under subsection (1) shall be subject to the provisions of the
Punjab Water Act, 2019 (XXI of 2019) or any other law for the time being in
force.
Illustration: Where A is abstracting, free of any charge, Z liters of water a day from an underground water source X
for domestic and ordinary use at the commencement of this Act, he may continue
to abstract Z liters of water from X a day for
domestic and ordinary use but not for any other purpose.
PART III
ESTABLISHMENT
7.
Territorial units.− (1) On recommendation of the Secretary, the
Chief Minister may, by notification in the official Gazette:
(a)
divide territories comprising the
Punjab into suitable Regions;
(b)
a Region into two or more Canal
Circles;
(c)
a Canal Circle into two or more
Canal Divisions; and
(d)
a Canal Division into two or more
Canal Sub-Divisions.
(2) The
Zones, Canal Circles, Divisions and Sub-Divisions existing at the commencement
of this Act shall respectively be deemed to be the Regions, Canal Circles,
Divisions and Sub-Divisions constituted and notified under this section.
8.
Functional units.− (1) On recommendation of the Secretary, the
Chief Minister may, by notification in the official Gazette, constitute one or
more units to provide specialized services or any other services common to all
or some of the territorial units for the purpose of this Act.
(2) The
functional units existing atthe commencement of this
Act shall be deemed to be the functional units constituted and notified under
this section.
9.
Canal Officers and their charges.− (1) In addition to such other class as may be
specified by the Chief Minister from time to time, there shall be the following
classes of Canal Officers:
(a)
Chief Engineer;
(b)
Superintending Canal Officer;
(c)
Divisional Canal Officer; and
(d)
Sub-Divisional Canal Officer.
(2) Subject
to the provisions of this Act, the rules and the Standing Instructions, a Chief
Engineer shall be the in-charge of:
(a)
construction, maintenance, repair,
renewing and efficient and safe operations of all irrigation works situated in
the Region under his charge;
(b)
management, improvement and
conservation of all rivers flowing through the Region under his charge;
(c)
measures necessary to avert risks
associated with and to prevent and control any public injury from riverine flooding
in the Region under his charge; and
(d)
any other matter ancillary to the
above.
(3) A
Chief Engineer shall be the principal advisor to the Secretary on the matters
mentioned under subsection (2) or on which his advice is sought.
10.
Appointment of Canal Officers and other
officers.− All Canal Officers and other officers and staff
entrusted with any duty or invested with any power under or in relation to this
Act shall be appointed in the prescribed manner.
11.
General duties and powers of Canal Officers.− (1) The general duties of a Canal Officer shall
be to:
(a)
make investigations, surveys and measurements
and do other similar works for purposes of this Act;
(b)
construct, maintain, repair and
renew irrigation works;
(c)
supply canal water to the
irrigators as per their authorized shares; and
(d)
carry out any other duty or to
exercise any other power that may be assigned to or invested in him under this
Act or by any authority to whom he is sub-ordinate to.
(2) For
the purpose of this section, a Canal Officer may:
(a)
enter
upon, and if so required take possession of and lift and use earth and other materials
from any land which is contiguous to or through which a river, dam, lake,
canal, drain, embankment or any other irrigation work passes or is situated
upon, for the purpose of maintaining, renewing, running and repairing that dam,
canal, drain, embankment or other irrigation work and managing that river or
lake;
(b)
enter upon any land mentioned under
clause (a) and undertake any survey, inspection and investigation, or dig and
bore into it, and setup and maintain suitable landmarks, level-marks and water
gauges on it;
(c)
enter upon any land mentioned under
clause (a) and cut down and clear away any part of a building, fence, standing
crop or a tree existing or grown on it, where, in his view, such maintenance,
renewal, repair, proper running or management or, as the case may be, survey,
inspection and investigation, or digging or boring, or setting up and
maintenance of a land mark, level-mark or water gauge cannot otherwise be
satisfactorily undertaken;
(d)
enter upon any land, watercourse,
building, installation or other facility for the purpose of inspecting,
measuring or regulating the use of any water supplied or used from a river,
canal or drain, or abstracted from ground, or of inspecting and measuring the
lands irrigated thereby or chargeable with any rate, charge, contribution,
penalty or any other sum under this Act;
(e)
bring upon, make, maintain, or
remove such weirs, trenches, drains, outfalls, sluices, pipes, banks,
appliances, plants, tools, or other things from a river, dam, lake, canal,
drain, dam or other irrigation work as he considers fit; and
(f)
clean any river, dam, lake, canal,
drain, watercourse and any other irrigation work and clear or remove from it or
from its banks any vegetation or tree and any log, refuse, soil or any other
obstruction that impedes or is likely to impede natural flow of water in it, or
otherwise impacts its efficacy, safe running or structural integrity.
(3) Save
where in view of a Canal Officer it is necessary to immediately do so to
prevent or deal with any breach or leakage of water from a canal, drain,
embankment or other irrigation work, or to prevent or deal with any situation
that risks its safety or structural integrity, or unless it is so done, a
sudden and extensive public injury is likely to occur, or to detect and prevent
any unauthorized supply or use of water of a river, canal or drain, or
abstraction of ground water or any work, undertaking or any other thing
prohibited under this Act:
(a)
the power to enter upon any land
and take into possession of and lift and use earth and other materials from it,
shall not be exercised except with the consent of the owner or occupier of such
land, and where such consent is not forthcoming, after giving the owner or
occupier a notice of not less than seven days in writing of intention to enter
and take into possession of and lift and use earth and other materials;
(b)
the power to enter upon any land,
building, installation or facility to undertake any survey, inspection and
investigation, or to maintain any landmarks, level-marks and water gauges, or
to inspect, measure or regulate the use
of canal water supplied, or to inspect and measure the lands irrigated by canal
water shall not be exercised except with the consent of the owner or occupier
of such land, building, installation or facility, and where such consent is not
forthcoming, after giving the owner or occupier a notice of not less than three
days in writing of intention to enter;
(c)
the power to enter upon any land,
building, installation or facility to dig and bore into it, or to setup
suitable landmarks, level-marks and water gauges shall not be exercised except
with the consent of the owner or occupier of such land, building, installation
or facility, and where such consent is not forthcoming, after giving the owner
or occupier a notice of not less than fifteen days in writing of intention to
enter; and
(d)
the power to enter upon to cut down
and clear away any part or whole of a building, fence, standing crop, or a tree
shall not be exercised except with the consent of the owner of such building,
fence, standing crop or tree or where such owner fails to cut down and clear it
away within twenty-eight days of the service of a notice upon him for this
purpose.
(4) The
powers invested upon a Canal Officer under this section may also be exercised
by his agent or any other person, generally or specifically, authorized by him
in this behalf.
12.
Compensation for damage to land etc.− (1) Any owner or occupier who has suffered any
damage due to entry or use of his land, or cutting down or clearing away of any
part or whole of a building, fence, standing crop, or a tree under section 11,
may make a claim to the Collector for award of compensation which shall be
decided in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894).
(2) No
such claim shall be admitted after expiry of one year from the date of the
entry or use of the land, or cutting down or clearing away of any part or whole
of a building, fence, standing crop, or a tree complained of unless the
Collector is satisfied that the claimant had sufficient cause for not making
the claim within such period.
13.
Sub-ordination of Canal Officers.− (1) All Canal Officers, other officers and
staff appointed under this Act shall be subject to the superintendence and
general control of the Secretary.
(2) All
Canal Officers appointed in a Region shall be subordinate to the Chief Engineer
in-charge of that Region.
(3) All
Canal Officers appointed in a Canal Circle, Division and Sub-Division shall
respectively be subordinate to the Superintending Canal Officer in-charge of
that Circle, Divisional Canal Officer in-charge of that Division, and as the
case may be, Sub-Divisional Canal Officer in-charge of that Sub-Division.
14.
Manner of performance of duties by Canal
Officers.− (1) Where any duty is to be performed or a
power is to be exercised by a Canal Officer under this Act and the class of
Canal Officer is not specified, the rules regulating the performance of such
duty or exercise of such power shall specify the class of Canal Officers by
which it is to be performed or exercised.
(2) The
rules may also be made under this Act prescribing generally the class of Canal
Officers which is to perform any duty or exercise any power which, under this
Act, is to be performed or exercised by a Canal Officer.
(3) Where
the class of Canal Officers which is to perform any duty or exercise any power
under this Act is not prescribed under subsection (1) or subsection (2), such
duty shall be performed and such power shall be exercised by the officer
specified in the relevant Standing Instruction.
15.
Conferment of duties and powers of a Canal
Officer upon other officers and persons.− (1) The Government may assign all or any of the
duties of a Canal Officer to and invest all or any of the powers of a Canal
Officer under this Act upon any of its officers or any other person.
(2) Subject
to subsection (1), where he considers it so expedient, the Secretary may assign
all or any of the duties of a Canal Officer to and invest all or any of the
powers of a Canal Officer under this Act upon:
(a)
any officer other than a Canal
Officer appointed under this Act; and
(b)
any person appointed in relation to the construction,
maintenance, repair, renewing and operations of a private canal, drain or
embankment.
(3) An
officer or other person who has been assigned any duty or invested with any
power of a Canal Officer shall remain under the superintendence and general
control of the Secretary, and unless otherwise specified:
(a)
in case he is assigned any duty or
invested with any power of a Chief Engineer, work under the instructions of the
Chief Engineer in-charge of the respective Region;
(b)
in case he is assigned any duty or
invested with any power of a Superintending Canal Officer, work under the
instructions of the Superintending Canal Officer in-charge of the respective
Circle;
(c)
in case he is assigned any duty or
invested with any power of a Divisional Canal Officer, work under the
instructions of the Divisional Canal Officer in-charge of the respective
Division; and
(d)
in case he is assigned any duty or
invested with any power of a Sub-Divisional Canal Officer, work under the
instructions of the Sub-Divisional Canal Officer in-charge of the respective
Sub-Division.
(4) Any
officer or other person assigned any duty or invested with any power of a Canal
Officer under subsection (1) shall, in so far as the performance of such duty
or exercise of such power, remain subject to the provisions of this Act.
(5) Any
other person assigned with any duty or invested with any power of a Canal
Officer under subsection (1) or, as the case may be, subsection (2) shall, in
so far as the performance of such duty or exercise of such power, be deemed to
be a public servant within the meanings of section 21 of the Pakistan Penal
Code 1860 (XLV of 1860).
PART IV
IRRIGATION AND RECLAMATION SCHEMES
16.
Powers to apply natural water for the purpose
of a canal.− Subject to the provisions of this Act, the
following may, at any time, be applied to or used for the purpose of a canal:
(a)
any water flowing in a river, canal
or drain, or the water that is held in any lake, dam, or any other accumulation
of water;
(b)
any water received or which has
become available by way of percolation, regeneration or release;
(c)
any water abstracted from an
underground water source; and
(d)
any water from any other source
considered suitable by the Government.
17.
Power to provide drain and reclaim an area.− Subject to the provisions of this Act, where it
is expedient to reclaim an area by providing a drain, it may be so reclaimed.
18.
Limits of compensation on account of
application of water or reclamation of an area.− (1) Whenever water is applied to or
used for the purpose of a canal under section 16 or an affected area is
reclaimed under section 17, no compensation shall be admissible for any damage
that may be caused by:
(a)
stoppage or diminution of water for
irrigation of a land, or any other undertaking including an irrigation work
erected for profit;
(b)
stoppage or diminution of water
flowing through any reach of a river or any other canal or drain, or stoppage
or diminution of water that is generally available in an area by way of
percolation or floods;
(c)
stoppage of navigation, or of means
of drifting timber or other goods;
(d)
deterioration of climate or soil;
and
(e)
interruption of watering of cattle,
or use of water for domestic or other purposes.
(2) No
claim for compensation on any other ground shall be admissible against the
Government after expiry of ninety days from the date of application or use of
water for the purpose of a canal or completion of a drain or other irrigation
work.
(3) Nothing
in this section shall apply to a private canal and a private drain.
19.
Prohibition on construction of private canals
and reclamation works.−
(1) No person, shall construct or maintain, repair, renew or run a private
canal or a private drain, or profit from it in any manner, without obtaining
the requisite concession under section 24.
(2) Where
a person commences or proceeds with the construction of a private canal or a
private drain without the requisite concession, or contrary to any condition of
such permission, the Superintending Canal Officer, or any other Canal Officer
authorized by the Secretary in this behalf, may after providing such person an
opportunity of being heard, prohibit such construction.
(3) Where
a person has constructed a private canal or a private drain without the
requisite concession, or contrary to any condition of such concession, the
Superintending Canal Officer, or any other Canal Officer authorized by the
Secretary in this behalf, may after providing such person an opportunity of
being heard, close such private canal or private drain and, as the case may be, shut off the supply
of water thereto, and may further, by general proclamation, prohibit
maintenance, repair, renewing of the private canal or the private drain or
prohibit continuing the use of its water by the said person and any other
person.
20.
Preparation of provisional schemes.− (1) Where he considers it expedient to do so,
the Secretary may:
(a)
cause an irrigation scheme to be
prepared to apply any conveniently available water to a canal in the most
advantageous and economic manner; and
(b)
cause a reclamation scheme to be
prepared to construct a drain to reclaim an area in the most advantageous and
economic manner.
(2) In
so far as practicable, every provisional irrigation and reclamation scheme
shall, among other things describe in general terms:
(a)
the lands which could conveniently
and economically be irrigated or, as the case may be, reclaimed by it;
(b)
the source of obtaining water
therefor and volume of such water;
(c)
the works that are necessary for
receiving, collecting, storing, conserving and distributing the water or
reclamation of the lands referred to at serial (a);
(d)
an estimate of capital cost as well
as annual cost of maintaining the proposed works; and
(e)
an estimate of annual revenue which
is likely to be derived from it.
(3) Nothing
contained in this section and sections 21, 22 and 23, shall apply to a scheme
for renewal, repair or extension of an existing canal or an existing drain, or
their associated canals or tributaries, or enhancement of their capacity.
21.
Publication of provisional schemes.− (1) As soon as may be after the preparation of
a provisional irrigation or reclamation scheme, the Secretary may, with the
permission of the Minister, cause to be published in an issue of a reputable
daily newspaper a notice specifying:
(a)
that the provisional scheme has
been so prepared;
(b)
the lands which are likely to be
irrigated or, as the case may be, reclaimed under the provisional scheme;
(c)
the name and address of a Canal
Officer from whom copies of the provisional scheme and related plan may be
obtained on payment of a fee fixed by the Secretary by a day falling no earlier
than fifteen days from the date of such publication;
(d)
that any objection to the
provisional scheme may be made and the name and address of a Canal Officer to
whom such objection may be made by a day falling no earlier than thirty days
from the last date for obtaining copies of the provisional schemes and related
plans.
(2) The
said fee shall be so fixed by the Secretary that a reasonable part of the
expense made in relation to the preparation of provisional scheme, publication
of notice and receipt and disposal of objection to it in terms of section 22 is
recovered through the sums so received.
22.
Submission and disposal of objections to
provisional scheme.− (1) Any
interested person may, by the date fixed under section 21, submit his objection
to the provisional scheme, giving facts and reasons he relies upon therefor, on
one or more of the following grounds:
(a)
it is unnecessary or impracticable
for any reason;
(b)
it is likely to be uneconomical;
and
(c)
the volume of water proposed for
the use under the scheme from a source of supply is such that it may seriously
prejudice his right to irrigation or other right from that source.
(2) Where
he considers it so expedient, the Secretary may depute a Canal Officer to hear
an interested person making an objection, or to hold a public inquiry on any
matter of general importance or concern brought out in an objection.
(3) The
Canal Officer deputed for hearing an interested person or, as the case may be,
to hold a public inquiry shall, without any unnecessary delay, submit to the
Secretary a succinct report on his findings as to whether the objection is
invalid or insufficient or shall, wholly or partly be accepted.
23.
Approval of provisional schemes.− (1) As soon as may be after expiry of the date
of submission of objections and, as the case may be, receipt of report from
Canal Officer deputed for hearing objections or holding a public inquiry under
section 22, the Secretary may submit the provisional scheme to the Government
for approval citing his opinion on the objections received in this respect.
(2) Where
the Government is satisfied that the implementation of any provisional scheme
is likely to be in the public interest, it may approve it with or without any
modifications.
24.
Schemes for construction of private canals and drains.− (1) Any person desiring to construct a private
canal or a private drain, may prepare a provisional scheme and present it to
the Secretary for obtaining a concession in this respect.
(2) Where
he considers it so expedient, the Secretary shall cause the provisional scheme
to be examined with reference to:
(a)
the impact it is likely to have on
any existing or proposed canal, drain or other irrigation work or on the water
of the river, lake or any other accumulation of water or the underground water
identified as source of water to be applied to or used for the proposed scheme;
(b)
the adequacy of the works proposed
in relation to it;
(c)
the extent to which estimate of
capital cost as well as annual cost of maintaining the proposed works is
appropriate;
(d)
the extent to which annual revenues
proposed to be driven from it with respect to the estimate of capital cost and
annual cost of maintaining the proposed works are appropriate; and
(e)
any other matter which he considers
relevant.
(3) After
such examination, the Secretary may:
(a)
publish the provisional scheme and
invite and dispose of any objection to it in terms of sections 21 and 22 in so
far as may be;
(b)
require the person presenting it to
improve, modify or amend it; or
(c)
reject the provisional scheme where
he considers it to be seriously deficient or against the public interest.
(4) Where,
after having considered the objections if any, and, as the case may be, report
of the Canal Officer submitted to him, the Secretary considers that the
provisional scheme is fit for approval, he may lay it before the Cabinet.
(5) Where
the Government is satisfied that the provisional scheme is fit for approval, it
may:
(a)
approve it with or without any
modifications;
(b)
allow the Secretary to grant
concession in this respect; and
(c)
fix the duration of concession and
associated charges and any other term or condition as is appropriate in the
circumstances of the case.
PART V
OF CONSTRUCTION AND RUNNING OF
CANALS AND DRAINS
25.
Powers of a Canal Officer to enter upon land
and work on construction of a canal or drain.− (1) At any date after the approval of an
irrigation or reclamation scheme under section 23, a Canal Officer, duly
empowered by the Secretary in this behalf, may for the purpose of such scheme:
(a)
enter upon any land through which
the canal or, as the case may be, drain proposed under the scheme is likely to
pass or the land which is contiguous to it and exercise any general power
conferred upon a Canal Officer under section 11 in respect of such land;
(b)
work on a river, lake or any other
accumulation of water identified as a source for obtaining water for the
proposed canal; and
(c)
do any other work or thing which,
in his view, is necessary for such purpose.
(2) The
powers invested upon a Canal Officer under this section may also be exercised
by his agent and other person, generally or specifically, authorized by him in
this behalf.
(3) The provisions of this section shall
also apply to the construction of a private canal or private drain in so far as
may be, and the powers of a Canal Officer in this respect may be exercised by
any person authorized by the Secretary in this behalf.
26.
Responsibility to provide means of crossing
etc. at canals and drains.−
(1) In respect of every canal and drain constructed under a scheme referred to
in section 23, the Government, and in respect of every private canal and
private drain constructed under a scheme referred to in section 24, the person
proposing such scheme, shall construct and maintain all works necessary for:
(a)
the passage across any water
course, public road, railway, pipe line or line of poles existing at the
time of its construction;
(b)
affording communication across it for reasonable
convenience of the occupants of neighbouring lands;
and
(c)
drainage of adjacent lands being obstructed by such
canal or drain.
(2) No
person shall provide or maintain a mean for the crossing a canal or drain, or a
mean for drainage of adjacent lands being obstructed by it, unless he has
obtained a written permission from:
(a)
in case of a canal or drain
constructed under a scheme referred to in section 23, an authorized Canal
Officer in terms of section 197; and
(b)
in case of a private canal or drain
constructed under a scheme referred to in section 24, the person proposing such
scheme.
27.
Removal of any obstruction to drainage.− (1) Where, in view of a Divisional Canal
Officer, any injury to public health or convenience, or damage or loss to any
irrigation work, or interruption of normal course of irrigation or drainage of
any land under his charge, has arisen or is likely to arise from the
obstruction of any river, canal, water course, drain or other accumulation of
water, he may through a written order:
(a)
prohibit the formation of any such
obstruction; or
(b)
require the person causing or having
control over such obstruction to remove or modify it by a day fixed in such
order.
(2) If,
by the fixed date, such person does not comply with the order under subsection
(1), the Divisional Canal Officer may cause the obstruction to be removed or
modified at his expense; and if the person to whom the order was issued does
not, when called upon, pay the expenses of such removal or modification in
full, such expenses shall be recovered from him as an arrear of land revenue.
28.
Amount of water to be supplied to a canal and
the shares of irrigators therein.−
(1) In so far as practicable, the amount of water supplied to a canal during
any crop season shall not be less than that what is required to meet the needs
of:
(a)
its irrigation area in view of the
approved water allowance; and
(b)
any other use referred to in
section 49.
(2) In
case of its application for irrigation of lands, the share of an irrigator in
the water of a canal shall be a function of the lands owned or occupied by him
for which permission to use such water has been obtained in terms of section 53
and the approved water allowance of that canal.
(3) In
case of its application for any use other than the irrigation of lands, the
share of an irrigator in the water of a canal shall be such as fixed under
section 53 in view of:
(a)
the total allocation made available
for that use in the canal under the approved irrigation scheme and if no such
scheme exists, in any project document or previous approval which reflects such
allocation or any other evidence of such use as a matter of long practice; or
(b)
the total allocation for that use
allowed in that canal under the Punjab Water Act, 2019 (XXI of 2019).
(4) In
so far as practicable, the share of each irrigator in the water of a canal
shall be delivered to him in full at such intervals as are approved for that
canal for the relevant crop season.
(5) Where
for any reason, it is impracticable to deliver full share to an irrigator
during any period of a crop season, the shortages, during such period, shall
be, in so far as practicable, distributed among all irrigators of that canal
equitably.
29.
Addition of new areas to irrigation area of a
canal.− (1) No new area shall be added to the
existing irrigation area of a canal unless sufficient surplus water becomes
available in it or any other canal in the Punjab by:
(a)
cutting off of a part of supplies
from a canal committed to the irrigation of any land or other use under section
58;
(b)
reduction in the approved water
allowance of a canal by the Government to an extent that it does not
significantly affect the rights of existing irrigators; or
(c)
an increase in the volume of water
being supplied to that canal.
(2) The
new area added to the existing irrigation area of a canal under this section
shall not exceed the area which can conveniently be irrigated by the water
becoming surplus in view of the approved or reduced water allowance of that
canal.
(3) Any
surplus water shall be applied to various new areas in such order of priority
and in such manner as may be fixed under the rules.
30.
Preparation of seasonal canal regulation plans.− (1) Sufficiently before the commencement of
every crop season, the Secretary shall cause to be prepared a plan for the
distribution of water likely to become available from all sources during
different periods of that crop season among all canals in the Punjab having
regards to their water requirement in terms of section 28.
(2) Where,
for any reason, the water likely to become available, or having become
available is insufficient to meet the requirement of all canals in the Punjab
during any period of a crop season, then the shortages, during such period,
shall be, in so far as practicable distributed among all canals in the Punjab
equitably.
31.
Quality of canal water etc. and prohibition to
discharge noxious materials therein.− (1) The
quality of water in every canal and drain shall, at all times, meet the minimum
standards fixed in this regard.
(2) No
person shall discharge any solid or liquid material in a canal or a drain,
which does not meet minimum standards for quality of water fixed for that canal
or, as the case may be, the drain at the point of such discharge.
32.
Minimum standards of irrigation and drainage services.− (1) The minimum standards for the provision of
irrigation and drainage services in the Punjab shall be such as may be fixed
under the rules.
(2) It
shall be the duty of every Canal Officer not to let the quality of irrigation
and drainage service fall below such minimum standards within the area under
his charge.
(3) No
later than six weeks of the culmination of every crop season, the Secretary
shall cause a report as to the quality of irrigation and drainage services
provided during that crop season against the said standards to be prepared and
laid before the Minister.
(4) The
Secretary shall arrange for every such report to be available for public
inspection at his office during usual working hours at reasonable notice.
33.
Independent measurement of standard of service.− (1) The Government shall maintain an
adequately resourced unit to undertake, among other things, the following
duties:
(a)
inspection of all canals and drains
in the Punjab at regular intervals;
(b)
submission to the Secretary, at
regular intervals, reports on general condition of canal and drains in the
Punjab, measurement of discharge at their various reaches, adequacy of
irrigation supplies to various irrigation areas, and all incidents of
unauthorized use of canal water and other related matters; and
(c)
independent measurement of quality
of irrigation and drainage services against the standards referred to at
section 32.
(2) The
unit shall consist of a head and other officers and staff of such description
and in such number as the Government may, from time to time, fix.
(3) The
head, officers and staff shall be appointed in such manner and perform such
duties and exercise such powers as may be prescribed.
(4) The
head of the unit may, for the purpose of subsection (1), make or cause to be
made such investigations and gather or cause to be gathered such information
and statistics as he considers to be necessary.
(5) Every Canal Officer shall fully assist
the unit in the discharge of its duties under this Act.
PART VI
VILLAGE IRRIGATION PLANS
AND WATER COURSES
34.
Preparation and publication of draft village
irrigation plans.− (1) In respect of each outlet under
his charge for which no plan has previously been approved, the Divisional Canal
Officer shall, by a notice, invite all owners and occupiers of lands included
in the irrigation area of that outlet, as well as other irrigators permitted to
receive canal water from that outlet for a purpose other than irrigation of
lands in terms of section 53, to prepare and submit before him by a day falling
no earlier than thirty days from the date of the notice, a draft plan for the
construction of one or more water courses to carry canal water to the said
lands and, as the case may be, to other places for the permitted use.
(2) Every
draft village irrigation plan shall:
(a)
be accompanied with a to the scale
sketch of irrigation area of the related outlet indicating the length,
alignment and layout of every proposed water course with the lands and other
places, identified by their respective survey number, to be supplied from it;
(b)
identify owners or occupiers of the
lands and other irrigators who are likely to benefit from every proposed water
course;
(c)
provide an estimate of expenses
likely to be incurred on the construction and subsequent maintenance of every
proposed water course as well as a rough schedule of work indicating the period
of completion of such construction either jointly or severally; and
(d)
clearly explain the extent of
liability of each owner or occupier of land and other irrigator towards the
construction of every proposed water course.
(3) Where
no draft village irrigation plan is received by the fixed date, the Divisional
Canal Officer shall, with the consensus of not less than one half of the owners
or occupiers of lands included in the irrigation area of such outlet and other
irrigators permitted to receive canal water from such outlet for a purpose
other than irrigation of lands, prepare the draft plan himself.
(4) As
soon as may be after submission or preparation of the draft village irrigation
plan, the Divisional Canal Officer shall:
(a)
cause it to be conspicuously
displayed in all revenue estates in which the irrigation area of the outlet
falls as well as outside his office and offices of the respective
Sub-Divisional Canal Officer and Collector; and
(b)
through a notice invite objections
by a day falling no earlier than fifteen days from the date of such notice as
to why it shall not be approved.
35.
Approval of village irrigation plans.− (1) Within thirty days following the
last day fixed for the submission, the Divisional Canal Officer shall carefully
consider every objection as to its sufficiency and validity and approve the
draft plan if he is satisfied that:
(a)
the length, alignment and layout of
the proposed water courses is such that all lands included in the irrigation
area of the outlet and such other places in respect of which supplies for a
purpose other than irrigation of lands has been permitted from it under section
53 are likely to be supplied with the canal water conveniently and adequately;
(b)
no lands other than the lands
comprising the irrigation area of the outlet and places are included in the
draft plan; and
(c)
the estimate of expenses for the
construction and maintenance of proposed water courses is not excessive.
(2) In
case, the Divisional Canal Officer is not satisfied, he may approve the draft
plan with such amendments as he considers expedient or reject it.
(3) Where
a draft plan is rejected, the Divisional Canal Officer shall proceed to invite
submission of a fresh draft plan in terms of section 34.
36.
Notice to irrigators etc. to construct an
approved water course.−
As soon as may be following the approval of a village irrigation plan, the
Divisional Canal Officer shall, through a notice, call upon the owners and
occupiers of lands and other irrigators eligible to receive canal water from a
water course approved under such plan to construct that water course at their
own expense within the period specified in such notice.
37.
Construction of approved water course by
irrigators.− (1) Following the notice under section
36, any owner or occupier of land or other irrigator eligible to receive canal
water from a water course included in the approved village irrigation plan, may
proceed with the construction of that water course with the agreement of the
owners of land required therefor.
(2) Any
such owner or occupier of land or other irrigator being unable to construct the
water course under an agreement with the owner of land required therefor, may
apply to the Divisional Canal Officer stating that:
(a)
he is ready to defray all expenses
necessary for the acquisition of the land and construction of such water
course; and
(b)
he desires the Divisional Canal
Officer on his behalf and at his cost to do all things necessary for
constructing such water course.
(3) Thereupon, the Divisional Canal Officer
may require such owner, occupier or other irrigator to deposit such part of the
expense as he considers necessary, and after that deposit has been made, he
shall forthwith proceed with acquisition of land which, in his opinion, is
necessary to occupy for construction of such water course in terms of section
190.
(4) Where
a person applies to obtain part ownership of such water course, and his
application is admitted by the Divisional Canal Officer, such person shall pay
his share in the construction of the water course and in the cost of acquiring
land for it, and shall become an owner of such water course when constructed.
(5) On
being put into possession of the required land, the Divisional Canal Officer
shall forthwith proceed with the construction of the water course and on its
completion give to every owner of the water course, a notice:
(a)
of such completion; and
(b)
of any sum payable by him on
account of construction of the water course and the cost of acquiring land for
it by a day falling no earlier than thirty days from the date of such notice.
(6) On
such notice being given, the sum mentioned therein shall become due from the
owner to the Divisional Canal Officer and shall be paid in full by the fixed date.
(7) The
Divisional Canal Officer shall forthwith pass over the possession of water
course to every owner making payment of all expenses incurred in full.
(8) Any
sum which is payable by an owner to the Divisional Canal Officer but is not
paid in full by the fixed date, shall be recovered from him as an arrear of
land revenue.
38.
Construction of approved water course on
failure of irrigators to do so.−
(1) Where no owner or occupier of land or other irrigator eligible to receive
canal water from a water course included in an approved village irrigation plan
proceeds with the construction of that water course within the period specified
in the notice made under section 36, the Divisional Canal Officer may, with the
permission of the Superintending Canal Officer, cause that water course to be
constructed on their behalf and at their expense.
(2) All
cost of constructing the water course and acquiring any land therefor shall be
recoverable from:
(a)
every owner and occupier of land in
proportion to the land owned or, as the case may be, occupied by him which is
likely to receive canal water from that water course, and
(b)
every other irrigator in proportion
to the share of canal water likely to be received by him from that water
course.
(3) As
soon as may be after the completion of the water course, the Divisional Canal
Officer shall give to every such owner or occupier of land and other irrigator
a notice:
(a)
of such completion; and
(b)
of any sum payable by him on
account of construction of the water course and the cost of acquiring land for
it in lump sum or in instalments by a fixed date.
(4) On
such notice being given, the sum mentioned therein shall become due from every
owner or occupier of land and other irrigator to the Divisional Canal Officer
and shall be paid in full by such date as may be mentioned in the notice.
(5) On
receipt of payment in full of all expenses incurred, the Divisional Canal
Officer shall make over the possession of the water course to the owner or
occupiers of land and other irrigators.
(6) Any
sum which is payable by an owner or occupier of land or other irrigator to the
Divisional Canal Officer but is not paid in full by the specified date, shall
be recovered from him as an arrear of land revenue.
39.
Construction of a new or alteration of an
existing water course.−
(1) Any owner or occupier of land or other irrigator eligible to receive canal
water may, at any time, apply to the Divisional Canal Officer for permission to
construct a water course, other than a water course included in an approved
village irrigation plan, or alteration of any existing water course in any
manner.
(2) Every
such application shall:
(a)
be accompanied with a to the scale
sketch of irrigation area of the related outlet indicating the length,
alignment and layout of the proposed water course with lands, identified by
their respective survey number, to be supplied from it;
(b)
identify owners or occupiers of
lands and other irrigators who are likely to benefit from the proposed water
course;
(c)
provide an estimate of expenses
likely to be incurred on the construction and subsequent maintenance of the
proposed water course as well as a rough schedule of work indicating the period
within which the owners or occupiers of land and other irrigators will
construct it either jointly or severally; and
(d)
clearly explain the extent of
liability of each owner or occupier of land and other irrigator towards the
construction of the proposed water course.
(3) Where
he considers it to be so expedient, the Divisional Canal Officer may:
(a)
cause the application to be
conspicuously displayed in all revenue estates in which the irrigation area of
the outlet falls as well as outside his office and offices of the respective
Sub-Divisional Canal Officer and Collector; and
(b)
through a notice invite objections
by a day falling no earlier than fifteen days from the date of such notice as
to why it shall not be approved.
(4) Within
thirty days following the last date fixed of their submission, the Divisional
Canal Officer shall carefully consider every objection as to its sufficiency
and validity and may by a written order:
(a)
approve the application with or
without any modification and incorporate the new or altered water course in the
village irrigation plan; or
(b)
reject the application.
(5) The
provisions of section 37 and 38 shall apply, in so far as may be, for the
purpose of construction of a new water course under this section.
(6) Where
at any time, the Divisional Canal Officer himself considers that the
construction of a water course other than the water course included in an
approved village irrigation plan or, alteration of any existing water course is
expedient in the interest of better irrigation, he may proceed with the
construction or alteration of such water course and other provisions of this
section shall apply, in so far as may be, for such purpose.
40.
Duty of persons accepting supply of water from
a canal to allow use of their lands for construction of water course.− Every person who accepts the supply of
canal water under an approved or revised village irrigation plan shall allow,
free of any charge, the use of the land owned or occupied by him for the
construction of water course as per the length, alignment and layout given in
such village irrigation plan.
41.
Certain obligations of water course owners.− (1) Every owner of a water course
shall:
(a)
maintain the water course in a fit
state of repair;
(b)
construct and maintain all works
necessary for the passage across such water course of canals, water courses,
drainage channels and public roads and railways existing at the time of it
construction, and of the drainage intercepted by it and for affording proper
communication across it for reasonable convenience of the occupants of
neighbouring lands; and
(c)
allow the use of the water course
to other owner or occupiers of land and other irrigators or to admit other
persons as joint owners thereof, on such conditions, as may be provided under
section 43.
(2) Where
an owner of a water course fails to fulfil any such obligation, the Sub-Divisional
Canal Officer may, by a written notice, require him to show cause for such
failure on a day falling no earlier than fifteen days from the date of such
notice.
(3) If
the owner of the water course ignores the said notice or his reply to the notice
is, in the view of the Sub-Divisional Officer, invalid or insufficient, he may
by a written order:
(a)
require him to carry out the
necessary work or repair by a fixed date;
(b)
allow any owner or occupier of land
and other irrigator to use the water course on conditions determined under
section 43; or
(c)
admit any other person as joint
owner of the watercourse.
(4) If
the owner of the water course fails to carry out the necessary work or repair
to the satisfaction of the Sub-Divisional Canal Officer by the fixed date, he
may cause such work or repair to be carried out on behalf of the owner and all
expenses incurred by him shall be a sum due to him by the owner, and if he does
not, when called upon, make full payment, such expense shall be recovered from
the owner as an arrear of land revenue.
42.
Resignation of interests by an owner of water
course and its transfer to any other person.− (1) Any owner of a water course may, by giving
three months’ previous notice in writing to the Divisional Canal Officer,
resign his interests in such water course.
(2) Where
on an application seeking transfer of the ownership of an existing water
course, it appears to the Divisional Canal Officer expedient that such transfer
shall be in the interest of better irrigation, he shall by a notice require the
owner, or as the case may be, all owners of such water course to show cause on
a day falling no earlier than fifteen days from the date of such notice as to
why such transfer shall not be made, and if no objection is received by such
day, or the objections received are invalid or insufficient, he may transfer it
to the person making said application subject to such terms and conditions as
he considers fit.
(3) The
person making the application shall not be allowed to use the said water course
unless:
(a)
he has paid to the owner, the
compensation thereof in whatever shape it is determined through their mutual
agreement; or
(b)
the possession of the water course
has been acquired in terms of section 190 or otherwise under the provisions of
the Land Acquisition Act, 1894 (I of 1894).
43.
Arrangement with an owner of water course by
other persons for supply of water.−
(1) Any person desiring to obtain a supply of water through a water course of
which he is not an owner, may make a private arrangement with the owner for
permitting the conveyance of water thereby, or may apply to the respective
Divisional Canal Officer to use such water course or to be declared a joint
owner thereof.
(2) On
receipt of any such application, the Divisional Canal Officer shall serve a
notice upon the owner to show cause by a fixed date falling no earlier than
fifteen days from the date of the notice as to why such use or, as the case may
be, such declaration should not be allowed or made.
(3) If
no such objection is received by the fixed date, or if any objection is
received and is found to be insufficient or invalid, the Divisional Canal
Officer shall allow such person to use the said water course or, as the case
may be, declare him a joint owner thereof on such conditions as to the payment
of compensation or rent or otherwise as may appear to him equitable.
44.
Payment of cost of construction of water
courses etc.− (1) The cost of any land and of the
construction of a water course in terms of sections 37, 38 or 39 shall be paid
by each owner or occupier of land or other irrigator benefiting from it, either
in full within such period, or in such instalments as the Divisional Canal
Officer may fix under the relevant Standing Instruction.
(2) Where
any owner or occupier of land or other irrigator has constructed a water course
at his own cost or made available any part of his land for its construction,
the Divisional Canal Officer shall determine the value of the construction, or
as the case may be, the value of the land made available, and the value so
determined shall be deducted from the cost payable by such owner or occupier of
land or other irrigator.
(3) Nothing
in this section shall prevent the Government or any person not being the owner
or occupier of the land or other irrigator benefitting from it, from bearing
the cost of construction of a water course or the value of the land made
available for this purpose or both wholly or partly.
45.
Settlement of disputes as to mutual rights and
obligations in a water course.−
(1) Whenever a dispute arises between two or more persons with regards to their
mutual rights or obligations in respect of the use, construction or maintenance
of a water course, or as to their respective shares of the expense of
constructing or maintaining it, or as to the amounts severally contributed by
them towards such expense, or as to the failure on the part of any owner to contribute
his share, a person interested in the matter of such dispute may apply in
writing to the Sub-Divisional Canal Officer.
(2) The
Sub-Divisional Canal Officer shall thereupon give notice to the other persons
interested on a day to be named in such notice, that he will proceed to inquire
into the said matter.
(3) If
all persons interested consent in writing to his being the arbitrator, the
Sub-Divisional Canal Officer may pass such order thereon as he thinks fit.
(4) Failing
such consent, the Sub-Divisional Canal Officer shall refer the matter to the
Divisional Canal Officer who shall inquire into and pass such order thereon as
he thinks fit and equitable.
(5) No
order which adversely affects the interests of any person party to the dispute
shall be made unless such person is given a reasonable opportunity of being
heard.
46.
Prohibition on use of land of water courses for
any other purpose and demolishing, altering or interfering with a water course.− (1) No one shall put the land acquired
for the construction of a water course or which has otherwise remained under a
water course to any other use, or demolish, alter or interfere with a water
course except with the written permission of the Superintending Canal Officer.
(2) On
an application of any interested person, the Superintending Canal Officer may,
after having invited objections from owners or occupiers of land or other
irrigators whose canal water supplies are likely to be interrupted or
diminished thereby:
(a)
allow the land acquired for the
construction of a water course or which has otherwise remained under a water
course to be put to any other use; or
(b)
allow that a water course shall be
demolished, altered or otherwise interfered with by the persons so interested.
(3) While
passing the order, the Superintending Canal Officer shall fix a date when such
reuse of land, or demolition, alteration or interference with the water course
shall take effect or commence, in such a manner that the owners or occupiers of
land and other irrigators are left with sufficient time to obtain permission
for the construction of a new or alteration of an existing water course under
section 39 for continuing their supplies.
47.
Restoration of demolished or altered water
courses.− (1) Whenever a water course is demolished,
altered, obstructed or damaged without proper authority, any person affected
thereby may apply to the Sub-Divisional Canal Officer for directing that it
shall be immediately restored to its original condition.
(2) On
receiving such application, the Sub-Divisional Canal Officer may, after making
such inquiry as he deems fit, by a notice in writing require the person found
responsible for so demolishing, altering, obstructing or damaging the water
course, to immediately restore it to its original condition, at his cost.
(3) If
that person fails to restore the water course to its original condition, the
Sub-Divisional Canal Officer may cause the water course to be restored to its
original condition at his expense, and if he does not, when called upon, make
full payment, such expense shall be recovered from him as an arrear of land
revenue.
48.
Ledger of water courses.− (1) Every Divisional Canal Officer
shall maintain a ledger of all water courses within the Canal Division under
his charge, and note thereupon, in respect of every water course, among other
things:
(a)
the outlet from which it receives
water;
(b)
the name of its owners and their
respective responsibilities in relation to sharing the cost of its construction
and maintenance;
(c)
a succinct description of its
length, alignment and layout;
(d)
lands irrigated by it and, as the
case may be, identity of other irrigators receiving canal water from it for
purposes other than irrigation of lands;
(e)
a brief history of its performance;
and
(2) The
ledger shall also contain a well-drawn to the scale sketch of every water
course indicating its length, alignment and layout with the lands and other
places, identified by their respective survey numbers, supplied from it
superimposed upon irrigation area of the outlet from which it receives canal
water.
(3) Every
Divisional Canal Officer shall arrange for the ledger to be available for
public inspection at his office during usual working hours at reasonable
notice.
PART VII
SUPPLY OF CANAL WATER
49.
Uses to which canal water may be applied.− (1) The canal water may be applied for
one or more of the following uses:
(a)
irrigation of lands;
(b)
raising of orchards, trees and
forest and other similar purposes;
(c)
drinking and other ordinary
domestic purposes;
(d)
watering of cattle and other stock
as well as wildlife, and raising of fish including filling of ponds for this
purpose;
(e)
industrial manufacturing or any
other industrial process including the use of the force of flowing water for
any purpose;
(f)
maintenance or enhancement of
ground water resources; and
(g)
protection or enhancement of
environment, ecology and esthetics, and creating
opportunities for recreation and rejuvenation.
(2) The
supply of canal water shall be subject to the payment of such rates at such
intervals as may be fixed from time to time under section 136 or any other
provision of this Act.
(3) In
relation to the application of canal water, every person shall avoid undue
wastage and, in so far as possible, abide by the instructions of a Canal
Officer passed in the interest of conservation and enhancing the productivity
of canal water.
50.
Canal water to be supplied through sanctioned outlets.− (1) The canal water for all uses except that
relating to the use of force of flowing water for any purpose shall be supplied
through a sanctioned outlet.
(2) The
outlets shall be of such types and sizes and may be sanctioned by such class of
Canal Officers and in such manner and subject to such terms and conditions as
may be specified in the relevant Standing Instruction.
51.
Outlets to generally supply canal water under gravity.− (1) The canal water shall generally be
supplied from an outlet under gravity.
(2) Where,
for any reason, it is not possible to supply water from a canal to any land
included in its irrigation area under gravity, it may be supplied by lifting it
to an appropriate level through mechanical or other means.
(3) Where
the land to which canal water cannot be supplied except by lifting is included
in the irrigation area of a canal under section 29, all expenses in relation to
the provision, maintenance and operation of any mechanical or other mean for
such lifting shall be borne by the benefiting irrigators severally or jointly.
52.
Ledger of outlets.− (1) Every Divisional Canal Officer
shall maintain a ledger of all outlets within the Canal Division under his
charge, and note thereupon, in respect of every outlet, among other things:
(a)
its exact location on the
respective canal, authorized type, basic dimensions including the level of its
crest, and the discharge it is expected to pass; and
(b)
a brief history of its performance
during the last five years.
(2) Every
Divisional Canal Officer shall arrange for the ledger to be available for
public inspection at his office during usual working hours at reasonable
notice.
53.
Prohibition to use canal water without
permission and method of obtaining such permissions.− (1) No person shall receive or apply water of
a canal except with the permission obtained under this section.
(2) Any
owner or occupier of a land who desires to receive and apply water from a canal
for irrigation of any land may, at any time, apply to the Divisional Canal
Officer in writing, mentioning:
(a)
the name of the revenue estate or,
as the case may be, the estates in which the said land is situated;
(b)
survey numbers of the said land;
and
(c)
particulars of the outlet he
prefers to draw water from.
(3) The
Divisional Canal Officer may, after making such inquiry as he deems fit, allow
an application wholly or partly, if the land for which water is required:
(a)
is included in the irrigation area
of the respective canal;
(b)
is situated at such position and
elevation with respect to the preferred or any other outlet that it can
conveniently and economically be supplied canal water therefrom;
(c)
in its given state, is fit for
agriculture.
(4) Any
person who desires to receive and apply water from a canal for any use other
than that of irrigation of lands, shall apply in writing to the Secretary, who
may, after making such inquiry as he deems fit, allow it wholly or partly:
(a)
if sufficient water out of the
allocation made or allowed for such use in the said canal in terms of section
28 is for the time being available; and
(b)
where no such water is available,
the water available for irrigation of lands or any other use mentioned at section
49 is in such volume that its diversion to the use applied for is unlikely to
significantly impact the rights of existing irrigators.
(5) No
person shall be permitted to obtain water from a canal in excess of his share
in that canal in terms of section 28.
54.
Prohibition on use of percolated water without
permission and method of obtaining such permissions.− (1) No person shall obtain or apply any water
which has become available by way of percolation or leakage from a river,
canal, drain or other irrigation work by means such as sinking of a well in its
reasonable vicinity, except with the permission obtained under this section.
(2) Any
owner or occupier of a land who desires to obtain and apply percolated water
for irrigation of any land may, at any time, apply to the Divisional Canal
Officer in writing, mentioning:
(a)
the name of the revenue estate or,
as the case may be, the estates in which the said land is situated;
(b)