THE CANAL AND
DRAINAGE ACT, 1873
(Act VIII of 1873)
C O N T E N T S
PART I
PRELIMINARY
Sections
1. Short title – Local extent.
2. [Repealed]
3. Interpretation-clause.
4. Power to appoint officers.
4-A. Organizations of Farmers.
PART II
OF THE APPLICATION OF WATER
FOR PUBLIC PURPOSES
5. Notification to issue when water supply is to be applied for public purposes.
6. Powers of Canal Officers.
7. Notice as to claims for compensation.
8. No compensation to be awarded for any damage.
9. [Repealed]
10. [Repealed]
11. Abatement of rent on interruption of water-supply.
12. Enhancement of rent on restoration of water-supply.
13. [Repealed]
PART III
OF THE CONSTRUCTION AND
MAINTENANCE OF WORKS
14. Power to enter and
survey, etc.
Power to clear
land
Power to
inspect and regulate water-supply
Notice of
intended entry into houses
Compensation
for damage caused by entry.
14-A. Irrigation
Schemes.
15. Power to enter for repairs and to prevent accidents Compensation for damage to land.
16. Construction and improvement of a water-course
Contents of application
Liability of applicants for cost of work
Recovery of the amount due.
17. Government to provide means of crossing canals.
18. Persons using water-course to construct works for passing water across roads, etc.
If they fail, Canal Officer may construct; and recover cost.
19. Adjustment of claims between persons jointly using water-course
Recovery of amount found due.
20. Supply of water through intervening water-courses or change of source of water supply.
20-A. Special powers of Divisional Canal Officer to initiate cases under section 20.
20-B. Cutting of supply for any land not being irrigated at site.
21. Application for acquisition of land and construction works thereafter.
22. Procedure of Canal Officer thereupon.
23. Application for transfer of existing water course.
24. Liability to acquisition.
25. When applicant may be placed in occupation.
26. Appeal against awards and review.
27. Collector, Executive District Officer (Revenue) and Canal Officer to have powers of Civil Courts, etc.
28. Expenses to be paid by applicant before
receiving occupation.
29. Conditions binding on applicant placed in occupation.
30. [Repealed]
PART IV
OF THE SUPPLY OF WATER
31. In absence of written contract, water-supply to be subject to rules.
32. Conditions as to–
(a) Power to stop water supply;
(b) Claims to compensation in case of failure or stoppage of supply;
(c) Claims on account of interruption from other causes;
(d) Duration of supply;
(e)
(f) No right acquired by user.
PART V
OF WATER-RATES
33. Liability for unauthorized use of water from canal or water-course.
34. Liability when water runs to waste.
35. Appeals and revisions.
36. Charge on occupier for water, how determined
Occupier’s rate.
37. Owner’s rate.
38. Amount of owner’s rate.
39. Owner’s rate, when not chargeable.
40. [Repealed]
41. [Repealed]
42. [Repealed]
43. [Repealed]
44. Water-rate by whom payable when charged
on land held by several owners.
45. Certified dues recoverable as arrears of land revenue.
46. Power to contract for collection of canal-dues.
46-A. Agreement with Organization of Farmers.
47. Lambardars may be required to collect canal dues.
48. Fines excluded from sections 45, 46, 47.
PART VI
OF CANAL-NAVIGATION
49. Detainer of vessels violating rules
Liability of owners of vessels causing damage.
50. Recovery of fines for offences in navigating canals.
51. Power to seize and detain vessel on failure to pay charges.
52. Power to seize cargo or goods, if charges due thereon are not paid.
53. Procedure for recovery of such charges after seizure.
54. Procedure in respect of vessels abandoned and goods unclaimed
Disposal of proceeds of sale.
PART VII
OF DRAINAGE
55. Power to prohibit obstructions or order their removal.
56. Power to remove obstructions after prohibition.
57. Preparation of Schemes for works of improvement.
58. Powers of persons employed on such schemes.
59. Rate on land benefited by works.
59-A. Prohibition and control regarding the discharge of effluent into canal and drainage works.
60. Recovery of rate.
61. Disposal of claims to compensation.
62. Limitation of such claims.
62-A. Management of sub-soil water.
PART VIII
OF OBTAINING LABOUR FOR
CANALS AND DRAINAGE-WORKS
63. [Omitted].
64. Power to prescribe number of labourers to be supplied by persons benefited by canal.
65. Procedure for obtaining labour for works urgently required.
66. [Omitted]
PART IX
OF JURISDICTION
67. Jurisdiction under this Act of Civil Courts.
68. Settlement of disputes.
68-A.
69. Enquiry proceedings.
PART X
OF OFFENCES AND PENALTIES
70. Offences under the Act.
70-A. Compensation to persons injured.
71. Saving of prosecution under other laws.
72. [Omitted]
73. Power to arrest without warrant.
74. Definition of “Canal”.
PART XI
OF SUBSIDIARY RULES
75. Power to make, alter and cancel rules
Publication of rules.
SCHEDULE
[Repealed]
[1]THE CANAL AND DRAINAGE ACT, 1873
(Act VIII of
1873)
[
An Act to regulate Irrigation, Navigation and Drainage [2][* * *]
Preamble.– WHEREAS, throughout the territories to which this Act extends, [3][the Provincial Government] is entitled to use and control for public purposes the water of all rivers and streams flowing in natural channels, and of all lakes, [4][sub-soil water] and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said territories;
It is hereby enacted as follows:-
PART I
PRELIMINARY
1. Short title.– This Act may be called the [5][* * *] Canal and Drainage Act, 1873.
Local extent.– It extends to [6][the
[8][* * * * * * * * * * * *]
2. [Repeal of Acts]. Rep. by the Repealing Act, 1873 (XII of 1873), s. 1
and Sch., Pt. II.
3. Interpretation-clause.– In this Act, unless there be something repugnant in the subject or context,–
(1) “Canal” includes,–
(a) all canals, channels, [9][tube-wells] and reservoirs constructed,
maintained or controlled by [10][the Provincial Government] for the supply or
storage of water;
(b) all works, embankments, structures, supply and escape-channels
connected with such canals, channels or reservoirs;
(c) all water-courses as defined in the second clause of this section;
(d) all parts of a river, stream, lake or natural collection of water
or natural drainage-channel, to which the [11][Provincial Government] has applied the provisions
of Part II of this Act [12][:]
[13][* * * *
* * * * * *]
(2) “water-course” means any channel which is supplied with water from a canal, but which is not maintained at the cost of [14][the Provincial Government], and all subsidiary works belonging to any such channel:
(3) “drainage-work” includes escape-channels from a canal, drains, weirs, embankments, sluices, groins and other works for the protection of lands from flood or from erosion formed or maintained by [15][the Provincial Government] under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns:
(4) “vessel”
includes boats, rafts, timber and other floating bodies:
[16][(4A) “Chief Engineer” means a Chief Engineer declared by the Provincial Government under section 4:]
[17][(4B) “Deputy Collector” means an officer appointed as such by the Provincial Government:]
[18][(5) “Executive District Officer (Revenue)” means an Executive District Officer (Revenue) of a district and includes an officer appointed under this Act to exercise all or any of the powers of the Executive District Officer (Revenue):]
[19][(6) “Collector” means the Head Revenue
Officer of a district and includes an officer appointed under the Act to
exercise all or any of the powers of a Collector:]
(7) “Canal Officer” means an officer
appointed under this Act to exercise control or jurisdiction over a canal or
any part thereof:
“Superintending Canal Officer” means an officer exercising general control over a canal or portion of a canal:
“
“Sub-Divisional Canal Officer” means an officer exercising control over a sub-division of a canal:
[20][(8) “district” shall have the same meanings as are assigned to
this word in the Punjab Local Government Ordinance, 2001 (XIII of 2001):]
[21][(9) “Canal Outlet” means a work which
passes water from a canal, including a tube-well, to a water course and is
constructed, maintained or controlled by Government [22][:] [23][* * *]
(10) “Internal
Khal” means any channel supplied with water from a water-course for
watering fields] [24][:]
[25][(11) “Organization of Farmers” means an Organization of Farmers
established under this Act and includes any other similar organization
established by the Provincial Government or any of its agencies under any law
for the time being in force; and]
[26][(12) “prescribed” means prescribed by the rules made under this
Act.]
4. Power
to appoint officers.– The [27][Provincial Government] may from time to time
declare by notification in the Official Gazette, the officers by whom, and the
local limits within which, all or any of the powers or duties hereafter
conferred or imposed shall be exercised or performed.
All officer mentioned in section 3, clause (7), shall be respectively subject to the orders of such officers as the [28][Provincial Government] from time to time directs.
[29][4-A. Organizations of Farmers.– (1)
The Provincial Government may constitute an Organization of Farmers comprising
the local cultivators on a water-course, a group of water-courses or a
distributary or a part thereof.
(2) The Provincial Government may entrust any of
the functions of Canal Officer under this Act to such an Organization.
(3) The Provincial Government may frame rules for the formation, operation, functions, jurisdiction and all other related matters of the Organizations of Farmers.]
PART II
OF THE APPLICATION OF WATER
FOR PUBLIC PURPOSES
5. Notification to issue when water supply is to be applied for public purposes.– Whenever it appears expedient to the [30][Provincial Government] that the water of any river or stream flowing in a natural channel or of any lake or other natural collection of still water, [31][or any sub-soil water] should be applied or used by the [32][Provincial Government] for the purpose of any existing or projected canal or drainage-work, the [33][Provincial Government] may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.
6. Powers of Canal Officers.– At any time after the day so named, any Canal Officer acting under the orders of the [34][Provincial Government] in this behalf may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.
7. Notice as to claims for compensation.– As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, stating that [35][the Provincial Government] intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.
[36][8. No compensation to be awarded for any damage.– (1) No compensation shall be awarded for any damage caused by–
(a) stoppage or diminution of percolation of water or floods;
(b) deterioration of climate or soil;
(c) stoppage of navigation, or of means of drifting timber or watering cattle;
(d) displacement of labour;
(e) stoppage
or diminution of supply of water through any natural channel to any defined
artificial channel, whether above or underground, in use whether constantly or
at intervals at the date of the said notification;
(f) stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification;
(g) stoppage or diminution of supply of water through any natural
channel which has been used for purposes of irrigation, whether constantly or
at intervals, before the date of the said notification;
(h) interference with any right to a watercourse or the use of any water to which any person is entitled under the Limitation Act, 1908, Part IV.
(2) No
right in respect of any of the matters referred to in clauses (a), (b) and (c)
of sub-section (1) shall be required as against the Government under the
Limitation Act, 1908, Part IV; and no right to any such supply of water as is
referred to in clauses (e), (f) and (g) of sub-section (1), in respect of work
or a channel, as the case may be, not in use at the date of the notification
shall be required, as against the Government, except by grant or under the
Limitation Act, 1908, Part IV.]
9. [37][* * * * * * * * * * * *]
10. [38][* * * * * * * * * * * *]
11. Abatement
of rent on interruption of water-supply.– Every tenant holding under an unexpired lease, or having a right of
occupancy, who is in occupation of any land at the time when any stoppage or
diminution of water-supply [39][* * *], takes place, may claim an abatement of
the rent previously payable by him for the said land, on the ground that the
interruption reduces the value of the holding.
12. Enhancement
of rent on restoration of water-supply.– If a water-supply increasing the value of such holding is afterwards
restored to the said land, the rent of the tenant may be enhanced, in respect
of the increased value of such land due to the restored water-supply, to an
amount not exceeding that at which it stood immediately before the abatement.
Such enhancement shall be on account only of the restored water-supply, and shall not affect the liability of the tenant to enhancement of rent on any other grounds.
13. [40][* * * * * * * * * * * *]
PART III
OF THE CONSTRUCTION AND
MAINTENANCE OF WORKS
14. Power to enter and survey, etc.– Any Canal Officer, or other person acting under the general or special order of a Canal Officer,
may
enter upon any lands adjacent to any canal, or through which any canal is proposed
to be made, and undertake surveys or levels thereon;
and dig and bore into the sub-soil;
and make and set up suitable land-marks, level-marks, and water-gauges;
and do all other acts necessary for the proper prosecution of any enquiry relating to any existing or projected canal under the charge of the said Canal Officer;
Power to clear land.– and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop, fence or jungle;
Power to inspect and regulate water-supply.– and may also enter upon any land, building or water-course on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal:
Notice of intended entry into houses.– Provided that, if such
Canal Officer or person proposes to enter into any building or enclosed court
or garden attached to a dwelling-house not supplied with water flowing from any
canal, he shall previously give the occupier of such building, court or garden
at least seven days’ notice in writing of his intention to do so.
Compensation for damage caused by entry.– In every case of entry under this section, the Canal Officer shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the collector, and such decision shall be final.
[41][14-A. Irrigation Schemes.– (1) Whenever it appears necessary
to the Provincial Government to start a project, for which the survey has been
conducted under section 14, to provide water channels for the irrigation
purpose, it may cause to be drawn the scheme for the layout of water-courses.
(2) The scheme shall be published and if no objection is received within
one month of such publication, it shall become final and be binding on all the
persons accepting water under the scheme.
(3) The
(4) A person accepting the supply of water under the scheme shall be bound to allow the use of his land for the construction of the water-courses according to the final layout of the scheme.]
15. Power to enter for repairs and to prevent accidents.– In case of any accident happening or being apprehended to a canal any Divisional Canal Officer or any person acting under his general or special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works [42][, including digging and removing earth,] which may be necessary for the purpose of repairing or preventing such accident.
Compensation for damage to land.– In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. If such tender is not accepted, the Canal Officer shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the [43][Provincial Government] had directed the occupation of the lands under section 43 of the [44]Land Acquisition Act, 1870.
16. [45][Construction
and improvement of a water-course].– Any persons desiring to use the water of any canal may apply in writing
to the Divisional or Sub-divisional Canal Officer of the division or
sub-division of the canal from which the water-course is to be supplied,
requesting such officer to construct or improve a water-course at the cost of
the applicants.
Contents of application.– The application shall state the works to be undertaken, their appropriate estimated cost, or the amount which the applicants are willing to pay for the same, or whether they engage to pay the actual cost as settled by the Divisional Canal Officer, and how the payment is to be made.
Liability
of applicants for cost of works.– When
the assent of the [46][Canal Officer authorized in this behalf by
Provincial Government] is given to such application, all the applicants shall,
after the application has been duly attested before the collector, be jointly
and severally liable for the cost of such works to the extent mentioned
therein.
Recovery
of amount due.– Any amount
becoming due under the terms of such application, and not paid to the
Divisional Canal Officer, or the person authorised by him to receive the same,
on or before the date on which it becomes due, shall, on the demand of such
officer, be recoverable by the collector as if it were an arrear of land
revenue.
17. Government
to provide means of crossing canals.– There shall be provided, at the cost of [47][the Provincial Government] suitable means of
crossing canals constructed or maintained at the cost of [48][the Provincial Government], at such places as [49][the Provincial Government] thinks necessary for
the reasonable convenience of the inhabitants of the adjacent lands.
[50][Five or more inhabitants of such lands may
make an application to the Divisional Canal Officer to the effect that suitable
crossing may be provided on any canal.
The Divisional Canal Officer
shall forthwith forward the application to the Collector who shall cause an
enquiry to be made into the circumstances of the case, and if he thinks that
the statement is established, he shall record his opinion thereon for the
consideration of the Provincial Government, and the Provincial Government shall
cause such measure in reference thereto to be taken as it deems fit.]
18. Persons
using water-course to construct works for passing water across roads, etc.– The Divisional Canal Officer may issue an order to
the person using any water-course to construct suitable bridges, culverts or
other works for the passage of the water of such water-course across any public
road, canal or drainage-channel in use before the said water-course was made,
or to repair any such works.
Such order shall specify a reasonable period within which such construction or repairs shall be completed;
If they fail, Canal Officer may construct.– and if, after the receipt of such order, the persons to whom it is addressed do not, within the said period construct or repair such works to the satisfaction of the said Canal Officer, he may, with the previous approval of the Superintending Canal Officer, himself construct or repair the same;
And
recover cost.– and if the said persons do not, when so required, pay the
cost of such construction or repairs as declared by the Divisional Canal
Officer, the amount shall, on the demand of the Divisional Canal Officer, be
recoverable from them by the Collector as if it were an arrear of land-revenue.
19. Adjustment
of claims between persons jointly using water-course.– If any person, jointly responsible with others for
the construction or maintenance of a water-course, or jointly making use of a
water-course with others, neglects or refuses to pay his share of the cost of
such construction or maintenance or to execute his share of any work necessary
for such construction or maintenance, the Divisional or Sub-divisional Canal
Officer, on receiving an application in writing from any person injured by such
neglect or refusal, shall serve notice on all the parties concerned that, on
the expiration of a fortnight from the service, he will investigate the case,
and shall, on the expiration of that period, investigate the case accordingly,
and make such order thereon as to him seems fit.
Such order shall be appealable to the [51][Executive District Officer (Revenue)], whose order thereon shall be final.
Recovery
of amount found due.– Any sum directed by such order to be paid within a
specified period may, if not paid within such period, and if the order remains
in force, be recovered by the Collector, from the person directed to pay the
same, as if it were an arrear of land-revenue.
[52][20. Supply of
water through intervening water-courses or change of source of water supply.– (1)
Whenever an application is made to a Divisional Canal Officer for the supply of
water from a canal through an existing or a new water-course or change of
source for water supply of any land, the Divisional Canal Officer, if considers
it appropriate, shall–
(a) give
public notice to all persons interested and personal notice to the land-owners
through whose land a link water-course is to pass, to show cause on a day not
less than fourteen days from the date of such notice why the said supply should
not be so conveyed, or the source of supply be changed;
(b) after
making a public enquiry, the Divisional Canal Officer shall determine, whether
and on what conditions the said supply shall be conveyed through such
water-course or that the source of water supply shall be changed or the link
water-course shall be aligned and constructed; and
(c) subject
to policy instructions of the Provincial Government, pass such order as he
deems fit.
(2) The
(3) A person aggrieved by the order passed under sub-section (1) may
file objections with the Superintending Canal Officer within thirty days of the
passing of such order.
(4) The
(5) In case no objections are filed and the Superintending Canal
Officer fails to pass an order within ninety days, the order of the Divisional
Canal Officer shall be deemed to have been confirmed and the record shall be
sent back to the Divisional Canal Officer.
(6) The order passed or confirmed under this
section shall be final and binding on the applicant, the persons responsible
for the maintenance of the said water-course, all the persons affected by the
change of source of water supply and the land-owners through whose land the
link water-course shall pass.
(7) The applicant shall not be entitled to use the
said water-course until he has paid the expenses of alteration of such
water-course necessary in order to his being supplied through it, and also such
share of the first cost of such water-course as the Divisional or
Superintending Canal Officer may determine.
(8) The applicant shall not be entitled to use the link-water-course,
until–
(a) he
has paid to the land-owner the compensation for the land occupied by such link
water-course in whatever shape if it is determined through mutual agreement; or
(b) possession
of land for the said link water-course has been acquired under the provisions
of this Act.
(9) The applicant shall also be liable for his share of cost of maintenance of the water-course as long as he uses it.]
[53][20-A. Special powers of Divisional Canal Officer to
initiate cases under section 20.–
Whenever Government considers it expedient for a specific purpose to empower a
Divisional Canal Officer to undertake proceedings under section 20 on his own
initiative, it may confer such a power by a general or special order issued in
that behalf.
20-B. Cutting of supply for any land not being irrigated at site.– Whenever, on an application or otherwise, the
Divisional Canal Officer considers it expedient to terminate the water-supply
of any land which cannot be used for agriculture or has become unirrigable, he
shall give notice of not less than fourteen days to the land-owners and the
persons responsible for the maintenance of the water-course through which such
supply is conveyed, to show cause why such supply should not be cut off, and
after making enquiry, the said Canal Officer may pass orders to stop the
complete or partial supply of water.
(2) After
the expiry of thirty days of the announcement of the decision by the Divisional
Canal Officer, if no objection is received and after giving due opportunity of
hearing, if any objection is received, the Superintending Canal Officer may
confirm or modify it. The decision of the Superintending Canal Officer shall be
final and binding on the parties concerned].
[54][21. Application for acquisition of land and
construction works thereafter.–
Whenever, it is considered necessary to acquire land for construction of a link
water-course sanctioned under section 20, or section 98 or deposit of soil from
a water-course clearances permitted under section 68 and transfer of an
existing water course sanctioned under section 23, the interested person may
apply in writing to the Divisional Canal Officer, stating–
(i) that
he has endeavoured unsuccessfully to acquire from the owner, the land required
for the construction of the link water-course, or for the deposit of soil from
the watercourse, or for the transfer of the existing watercourse;
(ii) that
he desires the said Canal Officer, in his behalf and at his cost, to do all
things necessary for acquiring such land; and
(iii) that he is able to defray all costs involved
in acquiring such land and constructing such water course with connected
works].
[55][22. Procedure of Canal Officer thereupon.– If the Divisional Canal Officer is satisfied that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal Officer considers necessary to defray cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under this Act; and upon such deposit being made, he shall mark out the land which will be necessary to occupy for the said purpose, and shall forthwith publish a notice in every village that so much of such land as belongs to such village has been so marked out, and shall send a copy of such notice to the Collector of every district in which any part of such land is situated].
[56][23. Application for transfer of existing water
course.– Whenever application is
made to a Divisional Canal Officer for transfer of an existing watercourse from
its present owner to the applicant, and it appears to him expedient that such
transfer should be made in the interest of irrigation, he shall give notice to
the person owning such water course to cause, on a day not less than fourteen
days from the date of such notice, why the said watercourse should not be so
transferred, and after making enquiry on such day, the Divisional Canal Officer
shall determine whether and on what condition the said watercourse shall be
transferred.
After the expiry of thirty days of the
announcement of the decision of the Divisional Canal Officer, if no objection
is received and after giving due opportunity of hearing, if any objection is
received, the Superintending Canal Officer may confirm or modify that decision.
The decision of the Superintending Canal Officer shall be final and binding on
the parties concerned.
The
applicant shall not be entitled to use the said water-course, until–
(a) he has paid to the owner, the compensation thereof in whatever shape it is determined through mutual agreement; or
(b) possession of the watercourse has been acquired
under the provisions of this Act].
[57][24. Liability to acquisition.– Notwithstanding anything to the contrary
contained in the Land Acquisition Act, 1894, or any other law for the time
being in force all land within the province shall be liable to acquisition at
any time under this Act for constructing a watercourse or an internal khal].
[58][25. When applicant may be placed in occupation.– (1) Within fourteen days of the publication of the notice under section 22, any person interested in the land to which the notice refers, may apply to the Superintending Canal Officer by petition, stating his object