The Canal and Drainage Act 1873


THE CANAL AND DRAINAGE  ACT, 1873.
(Act VIII Of 1873)
CONTENTS
PART I.
PRELIMINARY
SECTIONS


1.    Short title. Local extent,
2.    [Repealed.],
3.    Interpretation clause.
4.    Power to appoint officers.
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.         Damage, for which compensation shall not   be  awarded. Matters in respect of which compensation may be warded.
9.         Limitation of claims.
10.       Enquiry into claims and amount of compensation.
11.       Abatement of rent on interruption of water-supply.
12.       Enhancement of rent on restoration of water-supply.
13.       Compensation when due. Interest.

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.

 

Canal and Drainage                                                                        [1873 : Act VU1]

SECTIONS

15.  Power   to   enter   for    repairs   and   to   prevent   accidents. Compensation for damage to land.

16.  Application    by   persons   desiring   to    use     canal-water.
Contents of application, i        Liability of applicants for cost of works. Recovery of amount due.

17.  Government to provide means of crossing canals.

18.  Persons using water-course to construct  works for   passes 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-course.
21.  Application for construction of new water-course.
22.  Procedure  of Canal-officer  thereupon.
23.  Application   for   transfer   of   existing   water-course Procedure thereupon.
24.  Objections to construction or transfer applied   for.
.25, When applicant may be placed in occupation.
26.  Procedure when  objection is held  valid.
27.  Procedure when  Canal-officer disagrees with Collector.
28. Expenses to be paid by applicant before receiving occupation. Procedure in fixing compensation. Recovery of compensation  and expenses.
29.  Conditions binding on applicant placed in occupation.
30.  Procedure applicable to occupation   for    extensions    and alterations.

1873: Act VIII}                                              Canal and Drainage

SECTIONS

PART IV
OF THE  SUPPLY OF WATER
31.    In absence of written contract, water-supply to   be subject to rules.
32.   Conditions as to supply—
power to stop water-supply ;
claims to compensation   in case  of failure or stoppage   of supply ;
claims on account of interruption from other causes ;
duration of supply ;
sale or subletting of   right to use canal water ;
transfer, with land, of contracts for water.
No right acquired by user.

PART   V
OF WATER-RATES

"3.   Liability when person using unauthorized cannot be   iden­tified.
.4.   Liability when water runs to waste,
35.   Charges recoverable in addition to penalties. Decision of questions under sections 33 and 34.
36.   Charge on occupier for water, how determined. "Occupier's rate."
37.   "Owner's rate ".

1873: Act VIII.]                                                                  Canal and Drainage                

SECTIONS

38.  Amount of owner's rate.
39.   Owner's rate, when not chargeable.
40.  When occupier is to pay both owner's rate and occupier's rate.
41.   Power to make rules for apportioning owner's rate.
42.  When owner is to pay owner's rate.
43.   Effect of introduction of canal irrigation on landlord's right to enhance.
44.   Water-rate   by   whom   payable   when   charged    on   land held by several owners.

RECOVERY OF CHARGES.

45.   Certified dues recoverable as land-revenue.
46.   Power to contract for collection of canal-dues.
47.   Lambardars may be required to collect canal-dues.
48.  Fines excluded from sections 45,46, 47.

          Canal and Drainage                                                                            [1873: Act VU1
SECTIONS                                                                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 not paid.
53.   Procedure   for recovery of such charges after seizure.
54.  Procedure   in   respect of   vessels   abandoned   and   goods claimed. 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   lands  benefited  by  works.
60.   Recovery of rate.
61.   Disposal  of claims   to   compensation.
62.   Limitation of such claims.

PART VIII
OF OBTAINING LABOUR FOR CANALS AND
DRAINAGE-WORKS

63.   Definition of "labourer".
64.  Power to prescribe number of labourers to be supplied by persons benefited by canal.

 

Canal and Drainage                                                   1873: Act VIII                    
SECTIONS
65.  Procedure for obtaining labour for works urgently required.
66.   Liability  of labourers  under  requisition.

PART   IX
OF JURISDICTION

67.   Jurisdiction under this Act of Civil Courts.
68.   Settlement of differences as to mutual rights and liabilities of persons   interested   in   water-course.
69.   Power   to   summon   and   examine   witnesses.

                      1873: Act, VIII]                                          Canal and Drainage

SECTIONS.                                        PART X.

OF OFFENCES AND PENALTIES

70.   Offences under Act. Penalty.
7!.   Saving of prosecution under other laws.
72.  Compensation to person injured.
73.  Power to arrest without warant,
74.  Definition     of "canal".

PART XI
OF SUBSIDIARY RULES

75. Power to make, alter and cancel rules. Publication of rules.

SCHE D ULE .—[Repealed.]
Act No. VIII of 1873

THE CANAL AND DRAINAGE ACT, 1873.
 '(Act VIII of 1873)
[11 th February, 1873]
An Act to regulate Irrigation, Navigation and Drainage     [ *    * ]
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-soi! 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.    This Act may be called the 2[ *   * * ]Canal and Drainage Act, 1873.
It extends to5[the Punjab]; and applies to all lands, whether permanently settled, temporarily settled, or free from revenue.

  1. {Repeal of A cts.] Rep by the Repealing A ct, 1 873 (XII of 1873), " s. 1 and Sch., Pf. If.

1. For Statement of objects and reasons, see Gazette of India 1870 Pt. V- P. 651, for Reports of Select Committee, see ibid, p. 747 and ibid, Supplement 1 873, p. 223, for Proceedings in Council, see ibid, Supplement, pp. 919 and lOil, ibid, 1873, Supple­ment, pp."154,156.223,246 and 279.
The Act, as in force in the North West Frontier Province immediately before
commencement of N. W. F. P. Regulation No. 11 of 1974, has been applied to the Provincially Administered Tribal Areas of Chitral,  "Dir, Kalam, Swat and Malakand Protected  Area, by N, W. F. P., Regulation, N'o. 11 of J974, S. 3.
This Act has been repealed in its application to the Province of Baluchistan  by  Bal­uchistan Ordinance No. XX of .1980, S. 73

2.      The words "Northern India" omitted by A. O., 1949.
3.      Subs, by A. O., 1937, for the "Government."
4.      Ins. by W. P. Ord. XXIII of 1965.

5. Subs, by the Federal Leased (Revision and Declaration) Act, 1951 (XXVI of 1951), subs. for "West Punjab" which had been subs, by A. O., 1949, Sch. for "the territories [which on the llth 'February, 1873, were] respectively under the Government of the Lieutenant-Governors of the North-Western Provinces and the Punjab and under the Administration of the Chief Com­missioners of Oudh and the Central Provinces." The bracketted words were sub-by A. O., 1937, •for the time being".

6.   Commencement clause rep. by the Repealing Act, 1S74 (X of 1874).

Interpretation clause.

3.    Tn this Act unless there be something repugnant in the subject or context,—

(1)        ''Canal'" includes,—


“Canal”

(a) All canals, channels, '[tube-wells] and reservoirs constructed, maintained or controlled by 2[tlie 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 ^[Provincial Government] has applied the provision of Part IT of this Act;

“Water-course.”

(2) "water-course'" means any channel which is supplied with water from a canal, but which is not maintained at the cost of 2[the Provincial Government], and all subsi­diary works belonging to any such channel:

 

“Drainage work.”

(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 2[the Provincial Government] under the provisions of Part VII of this Act, but does not include works for the removal of sew­age from towns:

 

“Vessel”

(4) "vessel" includes   boats, rafts,   timber and  other   floa­ting bodies;

1.         Ins. by W. P. Ord. XXIII of 1965.
2.         Subs- by A. O., 1937 for "Government".
3.         Subs, ibid for "Local Government"-

1873: Act VIII]                                                          Canal mid Drainage                 

1(4A) "Board of Revenue" means the Board of Revenue established under the West Pakistan Board of Revenue Act, 1957 (West Pakistan Act XT of 1957): ]


(5) 2 [Revenue Commissioner] means  a Commissioner of a ' division,    and    includes any   officer appointed   under this Act to exercise all or any of the powers of a Commis­sioner :

“Commissioner”

(6) "Collector" means the head revenue- officer of a district and includes a Deputy Commissioner or other officer appointed under this Act to exercise all or any of the powers of a Collector;

“Collector.”

3[(7) "Canal-officer"  means   an  officer  or a    person   or an authority   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 canal or portion of a canal and includes a person or an authority appointed to exercise such control;
'Divisional Canal-officer' means an officer exercising control over a division of a canal and in eludes a person or an authority appointed to exercise such control;
'Sub-Divisional Canal-officer' means an officer exercising control over a sub-division of a canal and includes a per­son or an authority appointed to exercise such control:”;

(8) "district" means a district as fixed for revenue-purposes.

“District.”

4. The 4[Provincial Government] may from time to time declare by notification in the Official Gazette, 3 [the officers, persons or autho­rities by whom ] and the local limits within which, all or any of the powers or duties herein after conferred or imposed shall be exercised or performed.

Power to appoint officers.

All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of such officers as the 4[Provincial Government] from time to time directs.


1.     Ins by VV. P. Act VII of 1968.
2.      Ins by JT  W. F. P. for Commissioner read Revenue Commissioner see N. W.F. P. Law and Practice Regulation, 1970(7 of 1970).
3.    Subs, by N.W.F.P. Ord. No. V of 1980.
4.    Subs, by A.O. 1937. for "L.G."

       Canal and Drainage                             [1873  :  Act VIII
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES

Notification to issue when water supply is to be applied for public purposes.

5.         Whenever it appears expedient to the '[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, 2[or any sub­soil water] should be applied or used by 3[the Provincial Government] for the purpose of  any existing or  projected   canal or drainage-work, the 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.

Powers of Canal Officers.

6. At any time after the day so named, any Canal Officer acting under the orders of the i [Provincial Government] in this behalf may enter on any land and remove any obstructions, and may close any channels, and do any other thing neces sary for such application or use of the said water.

Notice as to claims for compensation.

7. 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 3[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.

Damage for which compensation shall not be awarded.

8.  No compensation shall be awarded for any damage caused by.

(a) stoppage or diminution of percolation or   floods;
(b) deterioration of climate or soil;
(c) stoppage of navigation, or of the means of drifting timber or watering cattle;
(d) displacement of labour.


Matter in respect of which compensation may be awarded.

But compensation may be  awarded in respect: of any of the following matters:—

1.      Subs, for the words "Local Government'" by A. O.. 1937.
2.      Ins. by W. P. Ord. XXTII of 1965.

3.      Subs, by A. O., 1937, for "Government."
(?)   stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or under ground,   in use at the date   of the  said notification;
(/)    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 within the five years next before the date of the said notification;
(h)   damage done in respect of any right to a water-course or the use of any water to which any person is entitled under the 2Indian Limitation Act, 1877, Part IV;
(/)    any other substantial .damage,, not falling under any of the above clauses (a), (b), (c) (d) and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.
In determining the amount of such compensation regard shall be had to the diminution in the market value at the time of awarding compensation, of the property in respect of which compensation is claimed; and, where such market-vaule is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminu­tion of the annual net profits of such property caused by the exercise of the powers conferred by this Act.

No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section in respect of a work or channel not in use at the date of the notification, shall be acquired as against i(the Provincial Government) except by grant or under the 2 Indian ? Limitation Act, 1877, Part IV; and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall be acquired, as against 3[the Provincial Government), under the same Part.

9.    No claim for compensation for any such   stoppage, diminution or damage shall be made after the expiration of one year from such stoppage, diminution or damage, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

Limitation of Claims

1-    S.3e now tic limitation   Act, 1903 (9 of 1908)
2-    Subs- ioid for "Government,,

1873 : Act VIII]                                                       Canal and Drainage


Enquiry into claims and amount of compensation.

10.    The Collector shall proceed to enquire into any   such    claim, and to determine the amount of compensation if any, which should be given to the laimant;  and   sections 9 to 12 (inclusive),   14 and 15,18 to 23 (inclusive), 26 to 40   (inclusive),  51,57,58 and 59 of the Land Acquisition Act, 1870, shall apply to such inquiries:

Provided that instead of the last clause of said section 26, the following shall be read. "The provision of this section and of section 8 of the 2[* * * * *] Canal and Drainage Act, 1873, shall be read to every assessor in a language which he understands, before he gives his Opinion as to the amount of compensation to be awarded".


Abatement rent on iteruption of water Supply.

11. Every tenant holding under an unexpired lease, or having a or right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of water supply in respect of which com­pensation is allowed under section 8,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.

Enhancement of rent on restoration of water Supply.

12. If a water-supply increasing the value of such holding is after wards  restored to the said land, the rent of the tenant may be enhanced, 5up"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.


Compensation when due.

13. All sums of money payable for compensation under this Part shall become due three months after the claim for such compen­sation is made in respect of the stoppage, diminution or damage comp lained of,

Interest,

and simple interest at the rate of six per cent, per annum shaii be allowed on any such sum remaining unpaid after the said three months except where the non-payment of such sum is caused by the wilful neglect or refusal of the claimant to receive the same.

PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS.
14.       Any Canal Officer, or other person   acting under the general or special   order   of a Canal Officer,


Power to enter and survey etc.

may enter upon any lands adjacent to any canal, or through etc. which any canal is proposed to be made, and   under-take 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;

1. See now the land Acquisition Act 1894 (1 of 1894).

2. The words "Northern India rep. by the Federal Laws Act, 1951 (26 of 1951).

Canal and Drainage                                                     [1873 : Act VID            
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;


and, where otherwise such enquiry cannot be completed, £ such officer or other person may cut down and clear away any part of a any standing crop, fence or jungle;

Power to clear land.

and may also enter upon any land, building  or water-course p on account of which any water-rate is chargeable, for the purpose w 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:

Power to inspect and regulate water supply.

Provided that, if such Canal Officer or person proposes to enter into any building or enclosed court or garden attached to a h 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.

Notice of intended entry houses.

In every case of entry under this section, the Canal Officer c shall, at the time of such entry, tender compensation for any damage £ which may be occasioned by any proceeding under this section; and, Please of dispute as, the sufficiency of the amount so tend­ered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final.

Compensation for damage caused by entry.

15.    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 which  may be necessary for the purpose of repairing or preventing such accident.

Power to enter for repairs and to prevent accidents.

In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage Officer done to the same. If such tender is not accepted, the Canal shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the ' [Provincial Government] had directed the occupation of the lands under section 43 of the 2Land Acquisition Act, 1870.

Compensation for damage to land

16.    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 water­course at the cost of the applicants.

Application by person desiring to use canal water.

1.   Subs, by A. O., 1937' for "Local Government."

2.    Now the Land Acquisition Act, 1894.
1873 : Act VHI]               Canal and Drainage

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 applications for costs of works.

When the assent of the [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.

Government to provide means of crossing canals.

17.    There shall be  provided,   at  the cost of [the   Provincial , Government] suitable means of crossing canals constructed or main­tained at the cost of if the Provincial Government], at such  places as 2[the Provincial Government] thinks  necessary for the  reasonable convenience of the inhabitants of the adjacent lands.

On receiving a statement in writing, signed by not less than five of the owners of such lands, to the effect that suitable crossings have not been provided on any canal, the Collector, shall cause enquiry to be made into the circumstances of the case, and if he thinks that the statement is established, he shall report this opinion thereon for the consideration of 2[the Provincial Government], and the 2[Provincial Government] shall cause such measures in reference thereto to be taken as it thinks proper.


Persons using water- course to construct works for passing water across roads, etc.

18. The Divisional Canal Officer may issue an order to the person :° using any water-course to construct suitable bridges, culverts or other fr works for the passage of the water of such water-course across any c public road, canal or drainage-channel in use before the said water­course was made, or to repair any such works.

Such order shall specify a reasonable period within which such construction or repairs shall be completed;


1.   Subs, for the words "Superintending Casual Officer", by \V. P. Ord XXV of 1962.

2.    Subs. by A.O., 1937, for "the Government."
Canal ami Drainage                                      1873 : Act VI11]            


and if, after the receipt of such order, the persons to whom it is addressed do not, within the said period construct or repairs 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;

If they fail, Canal Officer may construct:

and if the said persons do not, when so required, pay the cost of such construction or repairs as declared by the Divisional   Canal1 Officer, the amount shall, on the demand of the Divisional   Canal Officer, be recoverable from them by the Collector as if it were an arr-ear of land-revenue.

And
Recover cost.

19.    If any person, jointly responsible with others for  the const--ruction 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 any work necessary for such contraction 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.

Adjustment of claims between persons jointly using water course.

Such order shall be appealable to the '[Revenue Commissioner; whose order thereon shall be final.


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 a in force, be recovered by the Collector, from the person directed   to pay the same, as if it were an arrear of land revenue.

Recovery of amount found due.

20.    Whenever application is made to a Divisional Canal Officer  for a supply of water from a canal, and   it appears to him expedient  that such supply should be given and that it should be conveyed thro- ugh some existing water-course, he shall   give notice to  the persons responsible for the maintenance of such water-course to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not   be so conveyed, and, after making enqu­iry on such day, the Divisional Canal-Officer shall determine whe­ther and on what conditions the said supply shall be conveyed thro­ugh such water-course.

Supply of water through intervening water course.

When such officer determines that a supply pf canal water may be conveyed through any water-course as aforesaid, his decision shall, when confirmed or modified by the 2[Such authority as may be specified in the rules to be framed under section 75]be binding on the applicant and also on the persons responsible for the maintenance of the said water-course.

1.             For “commissioner” and Revenue commissioner see the NWFP Law and Justice Regulation 1901 (7 of 1901)

2.         Subs by W.P Ord. XXV of 1962.

Canal and Drainage                                [1873: Act VHI
Such applicant shall not be entitled to use such water-course until he has paid the expense of any alteration of such water-course necessary in order to his being supplied through it and also such share of the first cost of such water-course as the '(Divisional Canal Offi­cer) or 2[such Officers as may be specified in the rules to he framed under section 75] may determine.

Such applicant shall also be liable for his share of the cost of maintenance  of such water-course so long as he uses it.

Application for construction of new watercourse.

21.    Any person desiring the construction  of a new water-course may apply in writing to the Divisional Canal-Officer, stating—

(1) that he has endeavoured unsuccessfully to acquire, from the owners of the land through which he desires' such water-course to pass, a right to occupy so much of the land as will be needed for such water-course;
(2) that he desires the said Canal-Officer, in his behalf and at his cost, to do all things necessary for acquiring such right;
(3) that he is able to defray all costs involved in acquiring such right and constructing such water-course.


Procedure of Canal- Officer thereupon.

22.    If the Divisional Canal-Officer considers—

(2) that then Statement in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal-Officer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under section 28;

and upon such deposit being made, he shall cause enquiry to be made into the most suitable alignment for the said water-course, and shall mark out the land which, in his opinion, it will be necessary to occupy for the cons­truction thereof, and shall forthwith publish a notice in every village through which the water-course is proposed to be taken, that so much of such land as belongs to such village has been so marked out, and shall send a copy of such notice to the Collector of every district in which any part of such land is situate.

1.             Subs. by W P Ord. 1 of 1970.

2.             Subs. by W  P Ord. No XXV of 1962.

23.    Any person desiring that an existing water-course should   be transferred from its present owner to himself may apply in   writing i to the Divisional    Canal-Officer, stating—

Application for transfer of existing water course,

(1)  that he has endeavoured unsuccessfully to procure such transfer from the owner of such water-course;
(2)  that he desires the said Canal-Officer, in his behalf and at his cost, to do all things necessary for procuring such transfer;
(3)  that he is able to defray the cost of such transfer. If the Divisional Canal-Officer, considers—

If the Divisional Canal-Officer, considers—

Procedure there upon.

(a)  that the said transfer is necessary for the better manage­ment of the irrigation from such water-course, and
(b)   that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal-Officer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provisions of section 28 in respect of such transfer;

and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy of the notice to the Collector of every district through which such water-course passes.

24.   Within thirty  days from the  publication of a notice under o section 22 or section 23, as the case  may be, any person interested in s, the land or water-course to which the notice refers may apply to the Collector   by petition,   stating his objection to the construction or transfer for which application  has been made.

Objections to Construction or transfer applied for.

The Collector may either reject the petition or may proceed to inquire into the validity of the objection, giving previous notice to the Divisional Canal-Officer of the place and time at which such inquiry will be held.

The Collector shall record in writing all orders passed by him under this section and the grounds thereof.
Canal and Drainage                                                       [1873. Act VIII.


When applicant may be placed in occupation.

25. If no such objection is made, or (where such objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-Officer to that effect, and shall proceed forthwith to place the said applicant inoccupation of the land marked out or of the water­course to be transferred, as the case may be.

Procedure when objection is held valid.

26. If the Collector considers any objection made as aforesaid to be valid he shall inform the Divisional Canal-Officer accordingly; and if such officer sees f it, he may, in the case of an application under section 21, alter the boundaries of the land so marked out, and may give fresh notice under section 22; and the procedure hereinbefore provided shall be applicable to such notice, and the Collector shall thereupon proceed as before provided.

Procedure when canal-officer disagrees Collector.

27. If the Canal-Officer disagrees with the Collector, the matter shall be referred for decision to the i(Revenue Commissioner).

Such decision shall be final, and the Collector, if he is so dire­cted by such decision, shall, subject to the provisions of section 28 cause the said applicant to be placed in occupation of the land so marked out or of the water-course to be transferred, as the case may be.


Expenses to be paid by applicant before receiving occupation.

28.    No such applicant shall be placed in occupation of such land i"c or water-course until he has paid to the person named by the Collector i- such amount as the Collector determines to be due as compensation for the land or water-course so occupied or transferred, and for any damage caused by the marking out or occupation of such land, to­gether with all expenses incidental to such occupation or transfer.

Procedure in fixing compensation.

In determining  the compensation to   be  made under   this section the Collector shall proceed under the provisions of the Land Acquisition Act, 21870; but he may, if the person to be compensated so desires, award such compensation in the form of a rent-charge payable in respect of the land or water course occupied or transferred.

Recovery of compensation and expenses.

If such compensation and expenses are not paid when dem- Anded by the person entitled to receive   the same, the amount maybe recovered by the Collector as if it were an arrear of land revenue, and shall, when recovered, be paid by him to the person untitled to
receive the same.

Conditions binding on applicant play cod in occupation.

29.    When any such applicant is placed in occupation of land or on of a water-course as aforesaid, the following rules and conditions n. shall be binding on him and his representative in interest:—

1.             In the N.W.F.P for “Commissioner read Revenue Commissioner” see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901)

2.             See now the Land Acquisition Act, 1894 (1 of 1894).
Canal and Drainage                               1873: Act VIII.           
First.—All works necessary for the passage across such water-courses, existing previous to its construction and of the-drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Divisional Canal-Officer.
Second.—Land occupied for a water-course under the provisions of section 22 shall be used only for the purpose of such water-course.

Third.—The proposed water-course shall be completed to the satisfaction of the Divisional Canal Officer within one year after the applicant is placed in occupation of the land.

In cases in which land is occupied or a water  course is transferred on the terms of a rent-charge.

Fourth. -The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determ­ined by the Collector when the applicant is placed in occupation

Fifth, -if the right to occupy the land cease owing to a breach of any of these rules, the liability to pay the said rent shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such persons as the Collector determines.

            Sixth.-—The Collector may, on the application of the person entitled to receive such rent or compensation, deter­ mine the amount of rent due or assess the amount of such compensation; and if any such rent or compensation be paid by the applicant or his representative in interest, the Collector may recover the amount, with interest thereon at the rate of six percent per annum from the date on which it became due, as if it were an arrear of land-revenue, and shall pay the same, when recovered, to the person to whom it is due.
If any of the rules and conditions  prescribed by  this   section are not complied with,

or if any water-course constructed   or transferred  under this Act is disused for   three years   continuously.

Canal and Drainage                                                                                1873: Act VIII


Procedure applicable to occupation for extension and alteration.

30.   The procedure hereinbefore provided  for the  occupation   of land for the construction of a water-course shall be applicable to the occupation of land for any extension or alteration of a water course and for the deposit of soil from water-course clearances.

PART IV
OF THE SUPPLY OF WATER

In absence of written contract water Supply to be subject to rules,

31. In the absence of a written contract, or so far as any such £ contract does not extend, every supply of canal-water shall be deemed to be given at the rates and subject to the conditions prescribed the rules to be  made by  the  [Provincial   Government]   in respect thereof.

Conditions as to

32.    Such contract and rules must be    consistent with the follo­wing conditions.—

Power to stop water supply,

(a) The Divisional Canal Officer may not stop the supply
of water to any water-course, or to any person, except in
the following cases:—

(1)   whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authority and with the prev­ious sanction of the [Provincial Government].
(2)   whenever and so long as any water-course is not main­tained in such proper customary repair as to prevent the wasteful escape of water there from;
(3)   within periods fixed from time to time by the Divisional Canal Officer:

Claims to compensation in case of failure or stoppage of supply.

(b) No claim shall be made against 2[the Provincial Government] for compensation in respect of loss caused by the failure or stoppage of the water in a canal, by reason of any cause beyond the control of 2[the Provincial Govern­ment] or of any repairs, alterations or additions to the canal, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which the Divisional Canal Officer considers necessary; but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorized by the Provin­cial Government]:

1.    Subs, by A.O., 1937 for "Local Government."

2.   Subs, by A.O., 1937, for "the Government."

Canal and Drainage                                            [1873 : Act VIII           119


(c) If the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner    described ? in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the Collector  for any loss arising from such  interrup­tion, and the Collector may award to the petitioner reason­able compensation for such loss:

Claims on account of interruption from other causes;

(d) When the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to matu­rity, and to apply only to that crop; but, if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year:

Duration of supply;

(e) Unless with the permission of the Superintending Canal Officer, no person entitled to use   the water of any canal or any work, building or land appertaining to any canal, shall sell or sublet or other-wise transfer his right to such use:

Sale or subletting of;

Provided that the former part of this clause shall not apply to the use by a cultivating    tenant of water supplied by the owner of a water-course for the irrigation of the land held by such tenant:


But all contracts made between [the Provincial Government ] and the owner or occupier of any immov-able property, as the supply of canal-water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place:

Transfer, with land, of contracts for water;

(/) No right lo the use of the water of a canal shall be, or be deemed to have been acquired under the 2[Indian Limitation Act, 1877, Part IV,] nor shall the Provincial Government] be bound to supply any person with water except in accord Nance with the terms of a contract in writing.

No right acquired by user;

1.   Subs, by A.O., 1937, for "the Government."

2.   Now the Limitation Act, 1908 (JX of 1908).

 

Liability when

33. If water supplied through a water-course be used in anun-8 authorized manner, and if the person by whose act or neglect such use has occurred cannot be identified,

the person on whose land   such   water   has  flowed   if  such land has  derived   benefit  there from.
or if such pars on cannot be identified or if such land has not derived benefit there from, all the person chargeable in respect of the water applied through such water-course, shall be liable, or jointly liable, as the case may be, to the charges made for such use.


Liability when water runs to waste.

34. If water supplied through a water course be suffered to run to waste, and if, after enquiry by the Divisional Canal Officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water course shall be jointly liable for the charges made in respect of the water so wasted.

Charges recover able in addition to penalties.

35. '(I) All charges for the unauthorized use or for waste water may be recovered in addition to any penalties incurred on account of such use or waste.

(2) All questions under section 33, or section 34 shall be decided by the Divisional Canal Officer.
(3) Any person aggrieved by an order passed by the Divis­ional Canal Officer in respect of a question under section 33 may, within thirty days of the passing of such order, appeal to the Comm­issioner, who, after giving such person an opportunity of being heard, may confirm, modify or set a side the order of the Divisional Canal Officer.
(4) Any person aggrieved by an order passed by the Divisi­onal Canal Officer in respect of question under section 34 may, within thirty days of ilic passing of such order, appeal to the Head Revenue Officer of the District, who after giving such person an opportunity of being heard, may confirm, modify or set a side the order of the Divisional Canal Officer.
(5) The Commissioner, on an application made  to him by any person aggrieved by an order passed in appeal under sub-section (4), and the Board of Revenue, on an application made to it by any person aggrieved by an order passed in appeal under sub-section (3) within ninety days of the passing of such order, and after giving such person  an opportunity of being   heard,   may   revise   the    order passed in appeal and the order passed by the Commissioner or the Board of Revenue, as the case may be, in revision shall be final.

1.    Subs by W P Act, No. VII of 1968

1873: Act Vin]                                      Canal and Drainage                


36.   The rates to be charged for canal-water supplied for purposes charge on of irrigation to the occupiers of land shall be determined  by the Sow rules to be made by the '[Provincial Government], and  such occu- piers as accept the water shall pay for it accordingly.

Charge on occupier for water, how determined,

A rate so charged shall be called the "occupier's rate".
3[The rules hereinbefore referred to may  prescribe and deter-“occupier’s rate” mine what persons or classes of persons are to be deemed to be occupiers for the purposes of this section, and may also determine the several liabilities, in respect of the payment of the occupier's rate of tenants and of persons to whom tenants  may have   sublet  their lands or of  proprietors and of persons to whom   proprietors  may have let the lands   held by them in cultivating occupancy.]

“Occupiers rate”

37.    In addition to the occupier's rate, to be called the  "owner's rate" may be imposed, according to rules1 to be made by the 2 [Provin­cial Government], on the owners of canal-irrigated lands, in respect of the benefit which  they derive from such irrigation.

Owners rate

38.   The owner's rate shall not exceed the sum   which, under the A™3™ rules for the time being in force for the assessment of land-revenue, might be assessed on such land on   account of the increase in the annual  value or produce  thereof caused  by the  canal-irrigation. And, for the purpose of this section only, land which is permanently settled or held free of revenue shall be considered as though it were temporarily   settled and liable to payment   of   revenue.

Amount of owners rate.

39.    No owner's rate shall be chargeable either on the   owner or occupier of land temporarily assessed to pay land-revenue at irrigation-rates, during the currency of such assessment.

Owners rate when not chargeable,

40 to 43. [When occupier to pay both rates: apportion­ment of owner's when owner to pay owner's rate : effect of introduction of canal-irrigation on landlord's right to enhance.} Rep. by the Punjab Tenancy Act, 1887 (XVI 1887), s. 3 and Sch.

 

44.    Where a water-rate is charged on land   held by several joint Water-rate   by owner's it shall be payable by the manager or other persons who rece- ives the rents or profits of such land, and  may be deducted by him land held be from such rents or profits before division,    or may be recovered by -him from the persons liable to such rate in the manner customary in the   recovery of other  charges on such rents or profits.

Water rate by whom payable when charged on land held be several owners,

1.             For instance of such notifications. see Punjab Gazette, 1893, Pt T. pp 223 and 224.

2.             Subs, by A. O., 1937, for "Local Government."
3.             ins. by the Northern India Canal and Drahv.gc (Amendment) Ac!, ! S99 (XVI of 1399).

Certified dues recoverable as land revenue.

45.   Any sum lawfully due under this Part, and certified  by the Divisional Canal Officer to be so due which remains unpaid after the day on which it becomes due shall be recoverable by the Collector from the person liable for the same as if it were   an arrear of land-revenue.

 

Power to contract for collection of canal dues,

Power to contract   46.    The Divisional Canal Officer or the Collector, may enter into an agreement with any person for the collection and payment to the Provincial    Government] by such person   of any sum payable under this Act by a third party.

When such agreement has been made, such person may recover such sum by   suit as though  it were a debt due to him, or an arrear of rent due to him on account of the land, work or building in respect of which such sum is payable, or for or in which the canal-water shall have been supplied or used.

If such person makes default in the payment of any sum collected by him under this section, such sum may be recovered from him by the Collector under section 45; and, if such sum or any part of it be still due by the said third party, the sum or part so due may be recovered in the like manner by the Collector from such third party.

Lax bydars may be required to collect canal dues.

47. The Collector may  require the lambardar, or person  under engagement to pay the land-revenue of any estate, to collect and pay any sums payable under this Act by a third party, in respect of any land or water in such estate.

Such sums shall be recoverable by the Collector as if they were arrears of land-revenue due in respect of the defaulter's share in such estate;

and for the purpose of collecting such sums from the subor­dinate zarnindars, raiyats, 2[tenants or sub-tenants], such lumbardar or person may exercise the powers, and shall be subject to the rules, laid down in the law for the time being in force in respect to the collection by him of the rents of land or of shares of land-revenue.

1.      Subs, by A.O., 1937, for "Local Government".

2.      Subs, by the Northern India Canal and Drainage (Amendment) Act. 1899 (XVI of 1899), for "or tenants".

1873 : Act VIII]       Canal and Drainage

The 1[Provincial Government] shall provide— r
(a)   for remunerating   persons   collecting sums under this section ; or
(b)   for indemnifying them against expenses properly incurred by them in such collection; or
(c)   for both such purposes.

48     Nothing in sections 45, 46 or 47 applies to fines.

Finance excluded from sections 45 46, 47.

PART VI
OF CANAL-NAVIGATION

49.   Any vessel entering or navigating  any canal contrary to the Detained of rules made in that behalf by the 2[Provincial Government] or so as to cause danger to the canal or the other  vessels therein, may be removed or detained, or both removed and detained, by the Divisional Canal Officer, or by any other person duly authorized in this behalf.

Fines excluded from sections 45 46, 47.

The owner of any vessel causing damage to a canal, or rem- oved or detained under this section, shall be liable to pay to 2[the Provincial Government] such sum as the Divisional Canal Officer, with the approval of the Superintending Canal Officer, determines to be necessary to defray the expenses of repairing such damage or of such removal or detention, as the case may be.

Detainer of vessels violating rules.

50.   Any fine imposed   under   this  Act   upon    the owner         Recovery of fines of any vessel, or the servant or agent of such owner or other person £    a in charge of any vessel, for any offence in respect of the navigation, of such vessel, may be recovered either in the manner prescribed by the Code of Criminal Procedure or, if the Magistrate imposing the fine so directs, as though it were a charge due in respect of such vessel.

Recovery of tines for offences in navigating canals,

51.    If any charge due under the provisions of this part in respect of any vessels not paid on demand to the person authorized to collect o£ faïence the same, the Divisional Canal Officer may seize and   detain such charges. vessel and the  furniture thereof,  until the charge so due, together with ail expenses and additional charges arising  from such seizure and detention, is paid in full.

Power to seize and detain vessel on failure to pay charges.

52.    If any charge due under the provisions of this Part in respect of any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a.

Power to seize cargo or goods, thereon are not paid.

1.             Subs by A.O, 1937, for “Local Government”

2.             Subs, by A,O, 1937, for “the Government”
Canal and Drainage                                    [1873: Act VIII
canal is not paid on demand to the person authorized to collect the same, the Divisional Canal Officer may seize such cargo or goods and detain them until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full.

Procedure for recovery of such charges after seizure.

53. Within a reasonable time after any seizure under section 5 J r or section 52, the said Canal Officer shall give notice to the owner or person in charge of the property seized that it, or such portion of it as may be necessary, will, on a day to be named in the notice, but not sooner than fifteen days from the date of the notice, be sold in satisfaction of the claim on account of which such property was seized, unless the claim be discharged before the day so named.

And, if such claim be not so discharged, the said Canal Officer may, on such day, sell the property seized or such part thereof as may be necessary to yield the amount due, together with the expenses of such seizure and sale:
Provided that no greater part of the furniture of any  vessel or of any cargo or goods shall be so sold than shall, as nearly as may be, suffice to cover the amount due in respect of such vessel, cargo  or goods.
The  residue of such furniture,   cargo or goods, and   of the proceeds of the sale, shall be made over to the owner or person in charge of the  property seized.

Procedure in respect of vessels of abandoned and goods unclaimed.

54. If any vessel found abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or
- warehouses occupied for the purposes of a canal, be left unclaimed for a period of i(l 5 days) the Divisional Canal Officer may take possession of the same.

The officer so taking possession may publish a notice  that, if such vessel and its contents,  or   such cargo or goods, are   not claimed previously to a day to be named in

the notice, not sooner than (ninety days) from the date of such notice, he will sell the same, and, if such vessel, contents, cargo or goods be not so claimed, he may, at any time after the day named in the notice, proceed to sell   the same.

Disposal of proceeds of sale.

The said vessel and its contents, and the said cargo or goods if unsold, or, if a sale has taken place, the proceeds of the sale, after paying all tolls, charges and expenses incurred by the Divisional Canal Officer on account of the taking possession and sale, shall be made over to the owner of the same, when his ownership is established to the satisfaction of the Divisional Canal-Officer.

1.    Subs, by N. W. F. P. Ord. No. Til of 1985.

1873: Act VII1J                       Canal am! Drainage                      
If the  Divisional   Canal Officer is doubtful to whom such property or proceeds should be made over, he may direct the property to be sold as aforesaid, and the proceeds to be paid into the district treasury, there to be held until the right there to be decided by a court of competent jurisdiction.
PART VT1
OF DRAINAGE


55. Whenever it appears to the '[Provincial Government] that injury to any land or the public health or public convenience has arisen or may arise from the obstruction of any river, stream or drai­nage-channel, such Government may, by notification published in the Official Gazette, prohibit, within limits to be defined in such notification the formation of any obstruction, or may, within such limits, order the removal or other modification of such obstruction.

Power to prohibit obstructions or order their removal.

Thereupon so much of the said river, stream or drainage-channel as is comprised within such limits shall be held to be a drain­age-work as defined in section 3


56. The Divisional Canal Officer, or other person authorized by the [Provincial Government] in that behalf, may, after such publication issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.

Power to remove obstructions after prohibition.

If, within the time so fixed, such person docs not comply with the order, the said Canal Officer may himself remove or modify the obstruction ; and if the person to whom the order was issued does not, when called upon, pay the expenses involved in such removal or modification, such expenses shall be recoverable by the Collector, from him or his representative in interest as an arrear of land-revenue.

57.    Whenever it appears to the '[Provincial Government] that any drainage-works are necessary for the improvement of any lands, • or for the proper cultivation or irrigation thereof, or that protection ' from floods or other accumulations of water, or from  erosion by a river, is required for any lands, the i[Provincial Government] may cause a scheme for such drainage-works to be drawn up and publish­ed,   together with an estimate of its cost2[       *        *        *], and a schedule at the lands which it is   proposed to make chargeable   in respect  of the scheme.

Preparation of schemes for work of improvement.

1.      Subs, by A.O., 1937, for "Local Government."

2.      The words, and a statement of the proportion of such cost, which the Provincial Govern­ment proposes to defrady". del, by W. P. Od. IV of ]97b.

Canal and Drainage                                      [1873 : Act VIII


Powers of person employed on such schemes.

58.    The person authorized by the   l[Provincial Government ] to "' draw up such scheme may exercise all or any of the powers conferred on   the   Canal   Officers   by   section   14.

Rate on land benefited by works.

2 [59. An annual rate, in respect of such scheme, may be charged, according to rules to be made by the Provincial Government, on the owners of all lands which shall, in the manner prescribed by such rules, be determined to be so chargeable;

Provided that in the case of agricultural land, no such rate shall be charged for the first two harvests immediately, following the completion of the scheme


Recovery of rate.

60. Any such drainage rate may be collected and recovered in manner provided by sections 45, 46 and 47 for the collection and recovery of water-rates.

Disposal of Claims to compensation,

61.    Whenever, in   pursuance of a notification made under section LSa  55, any obstruction is removed or modified, or whenever any drainage work is carried out under section 57,

all claims for  compensation on account of any loss consequ­ent on the removal or modification of the said obstruction or the construction of such work may be made before the Collector, and he shall deal with the same in the manner provided in section 10.


Limitation of such claims,

No such claim shall be entertained after the expiration of one year from the occurrence  of the loss complained of, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

PART  VFH
OF  OBTAINING   LABOUR   FOR CANALS    AND
DRAINAGE-WORKS.


Definition of labourer,

63. For the purposes referred to in this part, the word "labou­rer" includes persons who exercise any handicraft specified in rules to be made on that behalf by the 2[Provincial Government].

Power to prescribe number of labourers to be supplied by persons benefited by canal,

64. In any district in which a canal or drainage-work is constructed, be maintained or protected by 2[Provincial Government] may if it thinks by fit direct the Collector— "

(a)   to ascertain the proprietors, sub-proprietors or farmers whose villages or estates are or will be in the judgment of the Collector benefited by such canal or drainage-work and

1.    Subs  by A O., 1937, for 'Local Government."

2,    Subs, by W. P. Ord IV of 1970.
1873 : Act VD1]                          Canal and Drainage          

(b)   to set down in a list, having due regard to the circum­stances of the districts and of the several proprietors, sub-proprietors or farmers, the number of labourers which shall be furnished by any of the said persons, jointly or severally, from any such village or estate, for employment on any such canal or drainage-work when required as hereinafter provided.

The Collector may, from time to time, add to or alter such list or any part thereof.

65. Whenever it appears to a Divisional Canal Officer duly authorized by the'[Provincial Government] that, unless some work is immediately executed, such serious damage will happen to any canal or driange-work as to cause sudden and extensive public injury,

Procedure for obtaining labour for works urgently required.

and that the labourers necessary for the proper execution thereof cannot be obtained in the ordinary manner within the time that can be allowed for the execution of such work so as to prevent such injury,

the said officer may require any person named in such list to furnish as many labourers (not exceeding the number which, accor­ding to the said list he is liable to supply) as to the said officer seems necessary for the immediate execution of such work.
Every requisition so made shall be in writing, and shall state—

(a)   the nature and locality of the work to be done;

(b)   the number   of labourers   to be supplied by the persons upon whom the   requisition is made; and

(c)   the approximate time for which and the day on which the labourers will be required;

and a copy thereof shall be immediately sent to the   Superintending Canal Officer for the information of the 1[Provincial Government].

The  1 [Provincial  Government] shall fix,  and may from time to time alter the rates to be paid to any such labourers:

Provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood for similar work.

 

1.   Subs: by A.O., 1937, for "Local Government."

          Canal and Draingae                     [183 : Act VIII
In the case of every such labourer, the payment shall continue for the whole period during which he is, in consequence of the provisions of this Part, prevented from following his ordinary occupation.

The '[Provincial Government] may [* * * *] direct that the provisions of this Part shall apply, either permanently or temporarily (as the case may be), to any district or part of a district for the purpose of effecting necessary annual silt clearances, or to prevent the proper operation of canal drainage-work being stopped or so much interfered with as to stop the established course of irriga­tion or drainage.

Liability of laborers under requisition,

66.    When any requisition has been made on any person named !" in the said list, every labourer ordinarily resident within the village or estate of such person shall be liable to supply, and to continue to supply ,.his labour, for the  purposes aforesaid.

PART IX
OF JURISDICTION

Jurisdiction under this Act of Civil Court,

67.    Except  where herein otherwise provided, all claims  against 3[the: Provincial Government] in respect of anything done under this Act may be tried by the Civil Courts; but no such   Court   shall in any case pass an order as to the supply of canal-water to any  crop sown or growing at the time of such order.

Settlement of difference as to mutual rights and liabilities of persons interested in the use of water from a canal outlet.

4 “[68. (1) Whenever a difference arises between two or more persons with regard to their mutual rights and liabilities in respect of the of use, construction or maintenance of a water-course any such  person may apply in  writing the  5[Divisional Canal Officer] stating the   matter   in   dispute.    Such   officer    shall    thereupon     give notice to the other persons interested that, on a day to be named in such notice, he will proceed to inquire into  the said matter, and after such inquiry, he shall pass his   order thereon, unless he trans­fers (as he is hereby empowered to do) the matter to the Collector, who shall there upon inquire into and pass his. order on said   matter.

 

1.    Subs, by ,\. O. 1937 for "local Government"
2.    The words, "with the previous sanction of the G. G. in C". rep. by the Decentralization Act, 1914 (IV of 1914).
3.    Subs, for "the Government", by A.O., 1937.
4.    Sub-section (1) of Section 68 subs, by W.P. Act No. I of 1968.

5.    Subs   by N. W. F. P. Ord, No. X of l978.
1873: Act VIII.                                     Canal, and Drainage

1(2) Any person aggrieved by an order made by the Divisi­onal Canal Officer) under sub-section (1) may, within fifteen days of the passing of such order, prefer an appeal against the order to the 2 [Superintending Canal Officer].

(3) Where an appeal has been preferred under sub-section(2) the Superintending Canal Officer.—

(a)   shall decide the appeal   as expeditious!) as possible.

(b)   may , pending the disposal of the appeal, stay the operation of the order appealed against, provided such stay order does not adversely affect any standing crops.

(4) An order passed under sub -section (1), if there be no appeal preferred against it, and an order passed in appeal s[after giving the ap-pelant an opportunity of being heard] under sub-section (2) shall be final as to the use or distribution of water for any crop sown or grow­ing at the time when such order is made, or remain in force until it is set aside by a decree of a civil court."

69.    Any officer  empowered   under this   Act to conduct  any      Power to sum-inquiry may exercise all such powers connected with the summon-ing and examining of witnesses as are conferred   on Civil Courts by the Code of Civil Procedure, and   every such inquiry shall be deemed a judicial proceeding.

Power to summon and examine witnesses.

PART X
OF OFFENCES AND PENALTIES
70.    Whoever, without   proper   authority   and  voluntarily, does any   of the   following,   acts that is to say:-
(1) damages, alters,   enlarges   or obstructs   any canal or drainage-work;
(2) interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under, any canal or drainage-work;

 

1.    Sub-Sections 2 and 3 of Section 68 subs, by West Pakistan Ord. No. 1 of 1970.
2.    Subs, by N. W. F. P. Ord. No. X of 1978.

3.    These words ins, by N. W. F. P. Ord. III of 1985.

Canal and Drainage                        "1873: Act VIII.

(3)   interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal or drainage-work;

(4) being responsible for the maintenance of a water course or using a water-course, neglects to take proper precau­tion for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water there from, or uses such water man unauthorized manner;

(5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;

(6) causes any vessel to enter or navigate any canal contrary to the rules for the time being prescribed by the '[Provin­cial Government]for entering or navigating such canal;
(7) while navigating on any canal, neglects to take proper precautions for the safety of the canal and of vessels thereon;
(8) being liable to furnish labourers under Part VIII of this Act. fails without reasonable cause, to supply or to assist in supplying the labourers required of him;
(9) being a labourer liable to supply his labour under Part VIII of this Act, neglects, without reasonable cause, so to supply, and to continue to supply, his labour;
(10) destroys or moves any level mark or water gauge fixed by the authority of a public servant:
(11) passes, or causes animals or vehicles to pass, on or across any of the works, banks or channels of a canal or drainage work contrary to rules made under this Act, after he has been desired to desist there from;
(12) violates any rule made under this Act, for breach whereof a penalty may be incurred.
shall be liable, on conviction before a Magistrate of such class as the [Provincial Government]/directs 2[in this behalf, to a fine not exceeding fifty rupees, or to imprison­ment not exceeding one month, or to both]

1.    Sub by A O 1937 for L G.

2.   for notification empowering Magistrate of the Second class to try enforces under this Section, See Punjab local Rules and orders.

1873 Act VIII.]                                              Canal and Drainage

71. Nothing herein contained shall prevent any person from being prosecuted under any other law for any offence punisable under this Act:

Saving of process under other laws.

Provided  that no person shall be punished twice for the same office.


72.   Whenever any person is fined   for an offence under this Act, the Magistrate may direct that the   whole or any part   of such fine may be paid by way of compensation to the   person injured by such offence.

Compensation to person injured.

73.   Any person in charge of or employed upon any canal or drainage-work may remove from the lands or buildings belonging thereto,  or may take into custody    without a warrant and take forthwith before a Magistrate or to the nearest police-station, to be dealt with according to law, any person who, within   his view, com­mits   any of the following, offences:—

Power to arrest with out warrant.

(1)   willfully damages or obstructs any canal or drainage-work ;
(2)   without proper authority interferes with the supply or flow of water in or from any canal or drainage-works, or in any river or stream, so as to endanger, damage or render less useful any canal or drainage -work.


74.    In this Part, the word "canal" shall (unless there be someth-1 ing repugnant in the subject or context) be deemed to include also all lands occupied by [the Provincial Government] for the purposes of canals, and all buildings, machinery, fences,  gates and other erections, trees, crops, plantations or other produce occupied by or belonging to "[the Provincial Government] upon such lands.

Definition of
“Canal”

PART XI
OF SUBSIDIARY RULES

75. The 2[Provincial Government] may, from time to time 3[   *    *    *] make rules  4to regulate the following matters :--

Power to make, alter and cancel rules.

(1)   the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter;

1.      Subs, by A.O., 1937, for "the Government."
2.      Subs, ibid., for "Local Government."
3.      The words, "subject to the control of the G. G. in C." rep. by the Devolution Act, 1920
(XXXVIII of 1920).

4.      for Such rules, see the Punjab R and O.

(2)   the cases in which, and the officers to whom and the conditions subject to which orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable;
(3)   the person by whom, [and] the time, place or manner at or in which anything for the doing of which provisions is made under this Act shall be done;
(4)   the amount of any charge made under this Act; and
(5)   generally tocarry out the provisions of this Act.
2[Rules made under clause (4) may be made to have effect retrospectively from any date not earlier than the date on which water has been supplied or the charge has other-wise become leviable under this Act.]

Publication of rules.

The [Provincial Government] may from time to time  4 [   *    * *] alter or cancel any rules so made.

Such rules, alterations and cancelments shall be published in the 5[Official Gazette], and shall thereupon have the force of law.
SCHEDULE
[Rep. by the Repealing Act, 1873 (XII of 1873) S.I and Sch.,
Pt: II

1.      Subs, by Amending Act 1891 (12 of 1891V
2.      Add. by W. P. Ord. XXIII of 1965.
3.      Subs, by A.O., 1937 for "Local Government".
4.      Rep. by Act No.   XXXVII] of 1920
5.      Subs by A O 1937   "i.ocaj   Official Gi/.ette"

Attachments

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