Himachal pradesh act 023 of 1965 : Northern India Canal and Drainage (Punjab Amendment) Act, 1965

Section 1. Short title

1. Short title.- This Act may be called the Northern India Canal and Drainage (Punjab Amendment) Act, 1965.

Section 2. Omission of sections 16, 21, 22 and 30 of Central Act 8 of 1873

2. Omission of sections 16, 21, 22 and 30 of Central Act 8 of 1873.- Sections 16, 21, 22 and 30 of the Northern India Canal and Drainage Act, 1873 (hereinafter referred to as the principal Act) shall be omitted.

Section 3. Amendment of section 24 of Central Act 8 of 1873

3. Amendment of section 24 of Central Act 8 of 1873.- In section 24 of the principal Act,-

(1) in the marginal heading, the words "construction or" shall be omitted; and

(2) for the first paragraph, the following shall be substituted, namely

"Within twenty one days from the publication of a notice under section 23, any person interested in the water-course to which the notice refers may apply to the Collector by petition stating his objections to the transfer for which application has been made."

Section 4. Amendment of section 25 of Central Act 8 of 1873

4. Amendment of section 25 of Central Act 8 of 1873.- In section 25 of the principal Act, for the words "land marked out or of the watercourse to be transferred, as the case may be," the words "water course to be transferred, as the case may be," the words "water course to be transferred" shall be substituted.

Section 5. Amendment of section 26 of Central Act 8 of 1873

5. Amendment of section 26 of Central Act 8 of 1873.- In section 26 of the principal Act, the following words shall be omitted, namely:-

"and, if such officer sees fit, 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 notices and the Collector shall thereupon proceed as before provided".

Section 6. Amendment of section 27 of Central Act 8 of 1873

6. Amendment of section 27 of Central Act 8 of 1873.- In the second paragraph of section 27 of the principal Act, for the words "land so marked out of the water-course to be transferred, as the case may be" the words "water-course to be transferred" shall be substituted.

Section 7. Amendment of section 28 of Central Act 8 of 1873

7. Amendment of section 28 of Central Act 8 of 1873.- In section 28 of the principal Act-

(1) In the first paragraph,-

(i) the words "land or" occurring twice, shall be omitted; and

(ii) for the words "water-course so occupied or transferred, and for any damage caused by the making out or occupation of such land, together with all expenses incidental to such occupation or transfer," the words "water-course so transferred together with all expenses incidental to such transfer" shall be substituted; and

(2) In the second paragraph, for the words "land or water-course occupied or transferred," the words "water-course transferred" shall be substituted.

Section 8. Substitution of section 29 of Central Act 8 of 1873

8. Substitution of section 29 of Central Act 8 of 1873.- For section 29 of the principal Act, the following shall be substituted, namely:-

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

First-All wards necessary for the passage across such water-course, 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 the water-course shall be used only for the purpose of such water-course.

In case in which a water-course is transferred on the terms of a rent charge.

Third-The applicant or his representative in interest shall, so long as he occupies such 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.

Fourth-The Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation; and, if any such rent or compensation be not paid by the applicant or his representative on interest, the Collector may recover the amount, with interest thereon at the rate of six percentum 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 transferred under this Act, is disused for three years continuously,

the right of the applicant, or of his representative in interest, to occupy such water-course shall cease absolutely".

Section 9. Amendment of section 30-A of Central Act 8 of 1873

9. Amendment of section 30-A of Central Act 8 of 1873.- In sub-section (1) of section 30-A,-

(a) for the words "Sub-Divisional Canal Officer", the words "Divisional Canal Officer" shall be substituted; and

(b) after clause (c), the following clause shall be inserted, namely:-

"(cc) the occupation of land for the deposit of soil from watercourse clearances;"

Section 10. Substitution of section 30-B of Central Act 8 of 1873

10. Substitution of section 30-B of Central Act 8 of 1873.- For section 30-B of the principal Act, the following shall be substituted, namely:-

"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 twenty one days of the publication.

(2) After considering such objections and suggestions, if any, the Divisional Canal Officer shall approve the scheme either as it was originally prepared or in such modified form as he may consider fit.

(3) The Superintending Canal Officer may, suo moto at any time or on an application by any person aggrieved by the approved scheme made within a period of thirty days from the date of publication of the particulars of the scheme under section 30-C, revise the scheme approved by the Divisional Canal Officer:

Provided that such revision shall not be made without affording the person affected an opportunity of being heard."

Section 11. Substitution of section 30-C of Central Act 8 of 1873

11. Substitution of section 30-C of Central Act 8 of 1873.- For section 30-C of the principal Act, the following shall be substituted, namely:-

"30-C. The Divisional Canal Officer shall, as soon as may be, publish the particulars of the scheme approved by him under sub-section (2) of section 30-B in the prescribed manner and call upon the shareholders to implement it at their own cost within the period to be specified by him".

Section 12. Amendment of sections 30-D, 39-E and 30-F of Central Act 8 of 1873

12. Amendment of sections 30-D, 39-E and 30-F of Central Act 8 of 1873.- In sections 30-D, 30-E and 30-F of the principal Act, for the words "Sub-Divisional Canal Officer", wherever occurring, the words "Divisional Canal Officer" shall be substituted.

Section 13. Insertion of new section 30-FF in Central Act 8 of 1873

13. Insertion of new section 30-FF in Central Act 8 of 1873.- After section 30-F of the principal Act, the following section shall be inserted, namely:-

"30-FF. (1) If a person demolishes, alters, enlarges or obstructs a water-course or causes any damage thereto, any person affected thereby may apply to the Divisional Canal Officer for directing the restoration of the water-course to its original condition.

(2) On receiving an application under sub-section (1), the Divisional Canal Officer may, after making such enquiry as he may deem fit, require by a notice in writing served on the person found to be responsible for so demolishing, altering, enlarging, obstructing or causing damage to restore, at his own cost, the water-course to its original condition within such period as may be specified in the notice.

(3) If such person fails, to the satisfaction of the Divisional Canal officer, to restore the water-course to its original condition within the period specified in the notice served on him under sub-section (2), the Divisional Canal Officer may cause the water-course to be restored to its original condition and recover the cost incurred in respect of such restoration from the defaulting person.

(4) Any person aggrieved by the order of the Divisional Canal Officer may prefer an appeal, within thirty days of the passing of such order, to the Superintending Canal Officer, whose decision on such appeal shall be final.

(5) Any sum which remains unpaid within a period to be specified for this purpose by the Divisional Canal Officer may be recovered by the Collector from the defaulting person as if it were an arrear of land revenue."

Section 14. Amendment of section 30-G of Central Act 8 of 1873

14. Amendment of section 30-G of Central Act 8 of 1873.- In section 30-G of the principal Act, for the figure and letter "30-F", the figure and letters "30-FF" shall be substituted.

Section 15. Substitution of section 35 of Central Act 8 of 1873

15. Substitution of section 35 of Central Act 8 of 1873.- For section 35 of the principal Act, the following section shall be substituted, namely:-

"35. Charges recoverable in addition to penalties.-(1) All charges for the unauthorised use or waste of water may be recovered in addition to any penalties incurred on account of such use or waste.

(2) All questions, including questions pending for disposal on the commencement of the Northern India Canal and Drainage (Punjab Amendment) Act, 1964, under section 33 or section 34 shall be decided by the Collector.

(3) An appeal shall lie to the Commissioner against the decision of the Collector under sub-section (2) within a period of thirty days from the date of such decision.

(4) The Financial Commissioner, may, suo moto at any time or on an application made in this behalf by an aggrieved person within a period of thirty days from the date of the order, revise an order passed in appeal under sub-section (3)."

Section 16. Amendment of section 78 of Central Act 8 of 1873

16. Amendment of section 78 of Central Act 8 of 1873.- In sub-section (6) of section 68 of the principal Act, for the words "Chief Engineer", the words "Superintending Canal Officer," shall be substituted.

Section 17. Amendment of section 70 of Central Act 8 of 1873

17. Amendment of section 70 of Central Act 8 of 1873.- In the last paragraph of section 70 of the principal Act, for the words "fifty rupees" the words "one hundred rupees" shall be substituted.