Northern India Canal and Drainage (Punjab Amendment) Act, 1963*
| [Himachal Pradesh Act No. 21 of 1963]2 | [11th April, 1963] |
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 Fourteenth Year of the Republic of India as follows:-
2. For Statement of Objects and Reasons see Punjab ??? (Extra.) dated March 6, 1963.
Amended repealed or otherwise affected by:-
A.O. 1968 published in R.H.P., dt.-20-1-1973, p. 91-112.
* Received the assent of the Governor of Punjab on April, 11, 1963, and was published in the Punjab Gazette (Extra,) Legislature Supplement, Part-I, dated April, 25, 1963/Vaisakha 5, 1885, Saka.
1. Short title.- This Act may be called the Northern India Canal and Drainage (Punjab Amendment) Act, 1963.
2. Amendment of section 3 of Act 8 of 1873.- In clause (7) of section 3 of the Northern India Canal and Drainage Act, 1873, in its application to the 1[territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1965] hereinafter referred to as the ‘principal Act,’ after the definition of "Sub-Divisional Canal Officer" the following definition shall be added, namely:-
"Deputy Controller" means an officer appointed as such by the State Government who assists the Divisional Canal Officer in revenue matters arising in a Division of a canal."
1. Sub-s. for "State of Punjab" by A.O. 1973.
3. Amendment of sections 30-A, 30-B, 30-C, 39-D, 30-E and 30-F of Act 8 of 1873.- In sections 30-A, 30-B, 30-C, 30-D, 30-E and 30-F of the principal Act, for the words "Superintending Canal Officer" wherever occurring, the words "Divisional Canal Officer", and for the words "Divisional Canal Officer" wherever occurring, the words "Sub-Divisional Canal Officer" shall be substituted.
4. Substitution of section 68 of Act 8 of 1873.- For section 68 of the principal Act, the following section shall be substituted, namely:-
"68. Power of Deputy Collector to order use or distribution of water and settlement of difference as to mutual rights and liabilities of person interested in water course.-
(1) The Deputy Collector may, if in his opinion it is necessary so to do, pass an order as to the use or distribution of water from a water course amongst persons in any estate or a group of estates or in any holding or group of holdings in such estate or estates:
Provided that no such order shall be passed by the Deputy Collector without making an inquiry into the matter and without giving a notice to all the persons interested that on a day to be named in such notice, he shall proceed to inquire into the said matter.
(2) Whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of use, construction or maintenance of a water course, any such person may apply in writing to the Deputy Collector stating the matter in dispute.
(3) On receipt of application under section (2) the Deputy Collector shall give notice to the other persons interested, that on a day to be named in such notice he shall proceed to enquire into the said matter, and after the inquiry he shall pass an order thereon.
(4) An order passed under sub-section (1) or sub-section (3) as to the use of distribution of water for any crop sown or growing at the time when such order is made or with regard to the construction or maintenance of a water course shall, subject to an order passed on appeal or revision under sub-sections (5) and (6) be final.
(5) An appeal shall lie to the Divisional Canal Officer against an order referred to in sub-section (4) within a period of thirty days from the date of such order.
(6) The Chief Engineer) within whose jurisdiction the water course is situated, may, suo moto or on an application made in this behalf by an aggrieved person, revise an order passed in appeal by a Divisional Canal Officer under sub-section (5):
Provided that no such application shall lie unless it is made within a period of thirty days from the date of such order.
(7) No order passed under this section shall be liable to be called in question in any civil court."