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)