Northern India Canal and Drainage (Punjab Amendment) Act, 1958*
| [Punjab Act No. 21 of 1958]1 | [3rd July, 1958] |
An Act to provide for construction, alteration and re-alignment of water courses in the State of Punjab and for certain ancillary matters.
Be it enacted by the Legislature of the State of Punjab in the Ninth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) dated March 21, 1958, p. 49.
* Received the assent of the President on July 3, 1958 and was first published in Punjab Gaz, (Extraordinary), dt. July 10, 1958/Asadha 19, 1880, (Saka.
1. Short title.- This Act may be called the Northern India Canal and Drainage (Punjab Amendment) Act, 1958.
2. Amendment of section 3 of Act VIII of 1873.- In clause (1) of section 3 of Part I, of the Northern India Canal and Drainage Act (hereinafter referred to as the "principal Act"):
(i) the following shall be added after clause (d)’
"(e) a field drain for the purposes of section 70 of this Act."
(ii) after sub-section (8), the following sub-sections shall be added, namely:-
"(9) "Shareholder" means a person who is interested in the land which is irrigated or likely to be irrigated by a canal and also includes a person who is interested in a field drain.
(10) "Field drain" includes drains, escape channels and other similar works formed or maintained by land-owners themselves.
(11) "Culturable commanded area" means that portion of the culturable irrigable area which is commanded by flow irrigation channel or outlet."
3. Amendment of Part III of Act VIII of 1873.- In part III of the principal Act, pertaining to "Construction and Maintenance of Works", the following sections shall be inserted after section 30, namely:-
"30-A. (1) Notwithstanding anything contained to the contrary in this Act and subject to the rules prescribed by the State Government in this behalf, the Divisional Canal Officer, may, on his own motion or on the application of a shareholder, prepare a draft scheme to provide for all or any of the matters, namely-
(a) the construction, alteration, extension and alignment of any water course or re-alignment of any existing water course;
(b) reallotment of areas served by one water course to another;
(c) the lining of any water course;
(d) any other matter which is necessary for the proper maintenance and distribution of supply of water from a water course.
(2) Every scheme prepared under sub-section (1) shall amongst other matters, set out the estimated cost thereof, the alignment of the proposed water course or re-alignment of the existing water course, as the case may be, the site of the outlet, the particulars of the shareholders to be benefitted and other persons who may be affected thereby, and a stretch plan of the area proposed to be covered by the scheme.
30-B. (1) Every scheme shall, as soon as may be, after its preparation be published in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions with respect thereof within 30 days of the publication.
(2) After considering all objections and suggestions that may have been received by the Divisional Canal Officer, the Divisional Canal Officer shall submit the scheme with such amendments as he considers necessary together with his remarks on the objections and suggestions received by him, to the Superintending Canal Officer for his approval.
(3) The Superintending Canal Officer may direct the Divisional Canal Officer to furnish such information as he may require for the purpose of approving the scheme submitted to him under this section.
(4) The scheme submitted by the Divisional Canal Officer may be approved by the Superintending Canal Officer either as it was submitted to him by the Divisional Canal Officer or in such modified form as he may consider fit.
30-C. The Divisional Canal Officer may, either of his own motion or on the application of a shareholder, publish the particulars of the scheme and call upon the share-holders to implement it at their own cost within the period to be specified and in the manner prescribed.
30-D. (1) The Divisional Canal Officer may, either of his own motion or on the application of a share-holder, publish in the manner prescribed a notice of his intention to acquire any land required for implementation of the scheme.
(2) Any person interested in the land notified under sub-section (1) may, within fifteen days from the publication thereof apply to the Divisional Canal Officer by petition stating his objections to the proposed acquisition of his rights.
(3) After considering the objections the Divisional Canal Officer may proceed to take the occupation of the land so required on behalf of the share-holders.
(4) Compensation, to be fixed by the Divisional Canal Officer on the principles set out under section 23 of the Land Acquisition Act, 1894, shall be payable by the share-holders in proportion to the culturable commanded area under the scheme held by each one of them to the owner or occupier of any land for such acquisition and on failure of payment, the amount shall be recoverable as arrears of land revenue.
(5) A person aggrieved from the order of the Divisional Canal Officer in respect of compensation may prefer an appeal within thirty days of the passing of the order to the Collector whose decision shall be final.
30-E. On failure of any share-holder to execute the work within the period specified in the notice under section 30C the Divisional Canal Officer may proceed to carry out the work himself and the cost in proportion to the culturable commanded area under the scheme held by them shall be recoverable from the share-holders as arrears of land revenue.
30-F. On execution of the scheme, the Divisional Canal Officer shall by requisition in writing, direct the share-holders to take over and maintain the water course and on failure of the share-holders to comply with this direction, he shall make arrangements for maintenance of the water course at the share-holders cost in proportion to the culturable commanded area under the scheme held by them and the same shall be recoverable as arrears of land revenue.
30G. Notwithstanding anything contained in this Act or any other law for the time being in force, no civil court shall have jurisdiction to entertain or decide any question relating to matters falling under section 30-A to 30-F."
4. Amendment of section 57 of Act VIII of 1873.- In part VIII of the principal Act, pertaining to "Drainage" the following section shall be added after section 57, namely:-
"57-A. The provisions contained in sections 30-A to 30G shall apply to Field Drains as well."