Northern India Canal and Drainage (Punjab Amendment) Act, 1960*
| [Punjab Act No. 22 of 1960] | [20th May, 1960] |
An Act to amend the Northern India Canal and Drainage Act, 1873 in its application to the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the Eleventh Year of the Republic of India as follows:
* Received the assent of the Governor of Punjab on May 20, 1960 and was first published in Punjab Gazette (Extra), Legislative Supplement, Part I, dated May 20, 1960/Jyaistha 6, 1882 Saka
1. Short title and commencement.- (1) This Act may be called the Northern India Canal and Drainage (Punjab Amendment) Act, 1960.
(2) It shall come into force on such date as the State Government may notification in the Official Gazette, appoint.
NOTES
Object.-"Complaints are usually made by the irrigators that the Divisional Canal Officers while deciding questions under sections 33 to 35 of the Northern India Canal and Drainage Act, 1873 tend to treat the canal breach cases also as canal cuts and levy special charges. To minimise the chances of arbitrary decisions in this behalf, it is sought to amend the Act to provide for the appointment of an advisory committee for every Division of a Canal, consisting of five non-official members whose advice in the matter shall be binding on the Divisional Canal Officer." [Vide Statement of Objects and Reasons, published in the Punjab Gazette (Extra), dated March, 25, 1990/Chaitra 5, 1882 Saka).
2. Amendment of section 35 of Central Act VIII of 1873.- In section 35 of the Northern India Canal and Drainage Act, 1873, in its application to the State of Punjab,-
(1) to the second paragraph the following proviso shall be added namely-
"Provided that before according his decision on such question under section 33 or section 34 as may be specified in the rules to be made by the State Government, the Divisional Canal Officer shall obtain the advice of an advisory Committee to be constituted by the State Government for every division of a canal in such manner as the State Government may determine by rules made under this Act."; and
(2) after the second paragraph as amended by clause (1), the following paragraphs shall be added, namely:-
"Every Advisory Committee shall consist of not more than five non-official members, including the Chairman, who shall be appointed by the State Government on such terms and conditions as may be determined by such rules.
The advice of the Advisory Committee shall be binding on the Divisional Canal Officer;
Provided that where the Divisional Canal Officer is unable to accept such advice he shall, with his opinion expressed thereon, refer the question to the Commissioner who shall,-
(a) if he accepts the advice, pass an order accordingly; and
(b) if he does not accept the advice, refer the question to the State Government, with his opinion expressed thereon, whose decision on such reference shall be final."