This Act may be called the Northern India Canal and Drainage Act, 1873.

Local extent.It extends to 1[Uttar Pradesh and the 2[territories which, immediately beforethe 1st November, 1956, were comprised in the States of Punjab and Delhi]] and applies to alllands whether permanently settled, temporarily settled, or free from revenue.

3

1. Subs. by the A.O.1948, for the original words as amended by the A.O.1937. The Act originally extended to theterritories which are now the U.P., the Punjab, and the C.P. It has been rep. in the C.P. by the C.P. Irrigation Act,1931 (C.P. 3 of 1931). It has been declared not to apply to any canal which is included for the time being underSch. I or Sch. II to the Punjab Minor Canals Act, 1905 (Pun. 3 of 1905), see s. 2 (3) of that Act. The Act has beenamended and in Punjab by Pun. Acts 19 of 1953, 22 of 1960 and 18 of 1974in U.P. by U.P. Acts 30 of 1956 and16 of 1974; and in Haryana by Haryana Acts 4 of 1971 and 29 of 1974.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "States of Punjab and Delhi".

3. The commencement paragraph rep. by Act 16 of 1874, s. 1 and Schedule.

[Repeal of Acts.] Rep. by the Repealing Act, 1873 (12 of 1873), s. 1 and Schedule.

In this Act, unless there be something repugnant in the subject orcontext:--

(1) "Canal"."canal" includes--

(a) all canals, channels and reservoirs constructed, maintained or controlled by the StateGovernment for the supply or storage of water;

(b) all works, embankments, structures, supply and escape channels connected with suchcanals, channels or reservoirs;

(c) all water-courses as defined in the second clause of this section;

(d) any part of a river, stream, lake or natural collection of water, or naturaldrainage-channel, to which the State Government has applied the provisions of PartII of this Act;

(2) "Water course"."water course" means any channel which is supplied with waterfrom a canal, but which is not maintained at the cost of the State Government, and allsubsidiary works belonging to any such channel;

(3) "Drainage-work"."drainage-work" includes escape-channels from a canal, dams,weirs, embankments, sluices, groins and other works for the protection of lands from flood orfrom erosion, formed or maintained by the State Government under the provisions of Part VIIof this Act, but does not include works for the removal of sewage from towns;

1(4) "Vessel"."vessel" includes boats, rafts, timber and other floating bodies;

(5) "Commissioner".--"Commissioner" means a Commissioner of a division, and includes anyofficer appointed under this Act to exercise all or any of the powers of a Commissioner;

2(6) "Collector"."Collector" means the head revenue-officer of a district, and includes aDeputy Commissioner or other officer appointed under this Act to exercise all or any of the powers ofa Collector;

(7) "Canal-officer".--"Canal-officer" means an officer appointed under this Act to exercisecontrol or jurisdiction over a canal or any part thereof;

"Superintending Canal-officer"."Superintending Canal-officer" means an officer exercisinggeneral control over a canal or portion of a canal;

"Divisional Canal-officer"."Divisional Canal-officer" means an officer exercising controlover a division of a canal;

"Sub-divisional Canal-officer"."Sub-Divisional Canal-officer" means an officer exercisingcontrol over a sub-division of a canal;

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

1. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3.

2. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (11).

The State Government may from time to time declare, by notificationin the Official Gazette, the officers by whom, and the local limits within which, all or any of the powersor duties hereinafter conferred or imposed shall be exercised or performed.

All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of suchofficers as the State Government from time to time directs.

Whenever itappears expedient to the State Government that the water of any river or stream flowing in a naturalchannel, or of any lake or other natural collection of still water, should be applied or used by the StateGovernment for the purpose of any existing or projected canal or drainage-work, the State Governmentmay, by notification in the Official Gazette, declare that the said water will be so applied or used after aday to be named in the said notification, not being earlier than three months from the date thereof.

At any time after the day so named, any Canal-officer, acting under theorders of the State Government in this behalf, may enter on any land and remove any obstructions, andmay close any channels, and do any other thing necessary for such application or use of the said water.

As soon as is practicable after the issue of suchnotification, the Collector shall cause public notice to be given at convenient places, stating that the StateGovernment intends to apply or use the said water as aforesaid, and that claims for compensation inrespect of the matters mentioned in section 8 may be made before him.

No compensation shall be awarded forany 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.

Matters in respect of which compensation may be awarded.But compensation may be awardedin respect of any of the following matters:--

(e) stoppage or diminution of supply of water through any natural channel to any definedartificial channel, whether above or underground, in use at the date of the said notification;

(f) stoppage or diminution of supply of water to any work erected for purposes of profit on anychannel, 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 beenused 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 anyperson is entitled under the 1Indian Limitation Act, 1877 (15 of 1877), Part IV;

(i) any other substantial damage, not falling under any of the above clauses (a), (b), (c) or(d), and caused by the exercise of the powers conferred by this Act, which is capable of beingascertained and estimated at the time of awarding such compensation.

In determining the amount of such compensation, regard shall be had to the diminutionin the market-value, at the time of awarding compensation of the property in respect ofwhich compensation is claimed; and, where such market-value is not ascertainable, theamount shall be reckoned at twelve times the amount of the diminution of the annual netprofits 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 thissection, in respect of a work or channel not in use at the date of the notification, shall beacquired as against the State Government, except by grant or under the 1Indian LimitationAct, 1877 (15 of 1877), Part IV;

and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall beacquired, as against the State Government, under the same Part.

1. See now the Indian Limitation Act, 1963 (36 of 1963).

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

The Collector shall proceed toenquire into any such claim, and to determine the amount of compensation, if any, which shouldbe given to the claimant; and sections 9 to 12 (inclusive), 14 and 15, 18 to 23 (inclusive), 26 to40 (inclusive), 51, 57, 58 and 59 of the 1Land Acquisition Act, 1870 (10 of 1870), shall apply tosuch inquiries:

Provided that, instead of the last clause of the said section 26, the following shall beread:-- "The provisions of this section and of section 8 of the Northern India Canal andDrainage Act, 1873 (8 of 1873), shall be read to every assessor in a language which heunderstands, before he gives his opinion as to the amount of compensation to beawarded."

1. See now the Land Acquisition Act, 1894 (1 of 1894).

Every tenant holding underan unexpired lease, or having a right of occupancy, who is in occupation of any land at thetime when any stoppage or diminution of water-supply, in respect of which compensationis allowed under section 8, takes place, may claim an abatement of the r ent previouslypayable by him for the said land, on the ground that the interruption reduces the value ofthe holding.

If a water-supply increasing the valueof such holding is afterwards restored to the said land, the rent of the tenant may be enhanced in respectof the increased value of such land due to the restored water-supply, to an amount not exceeding that atwhich it stood immediately before the abatement.

Such enhancement shall be on account only of the restored water-supply, and shall notaffect the liability of the tenant to enhancement of rent on any other grounds.

All sums of money payable for compensation under thisPart shall become due three months after the claim for such compensation is made inrespect of the stoppage, diminution or damage complained of,

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

Any Canal-officer, or other person acting under the general orspecial order of a Canal-officer,

may enter upon any lands adjacent to any canal, or through which any canal isproposed to be made, and undertake surveys or levels thereon;

and dig and bore into the sub-soil;

and make and set upsuitable land-marks, level-marks and watergauges;

and do all other acts necessary for the proper prosecution of any enquiry relating to anyexisting or projected canal under the charge of the said Canal-officer;

Power to clear land. and, where otherwise such enquiry cannot be completed, suchofficer or other person may cut down and clear away any part of any standing crop, fenceor jungle;

Power to inspect and regulate water-supply.And may also enter upon any land,building or water-course on account of which any water-rate is chargeable, for the purposeof inspecting or regulating the use of the water supplied, or of measuring the landsirrigated thereby or chargeable with a water-rate, and of doing all things necessary for theproper regulation and management of such canal:

Notice of intended entry into houses.Provided that, if such Canal-officer orperson proposes to enter into any building or enclosed court or garden attached to adwelling-house not supplied with water flowing from any canal, he shall previously givethe occupier of such building, court or garden at least seven days notice in writing ofhis intention to do so.

Compensation for damage caused by entry.In every case of entry under this section, the Canalofficer shall, at the time of such entry, tender compensation for any damage which may be occasioned byany proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered,he shall forthwith refer the same for decision by the Collector, and such decision shall be final.

In case of any accident happening orbeing apprehended to a canal any Divisional Canal-officer or any person acting under his general orspecial orders in this behalf may enter upon any lands adjacent to such canal, and may execute all workswhich may be necessary for the purpose of repairing or preventing such accident.

Compensation for damage to land.In every such case such Canal-officer or personshall tender compensation to the proprietors or occupiers of the said lands for all damagedone to the same. If such tender is not accepted, the Canal-officer shall refer the matter tothe Collector, who shall proceed to award compensation for the damage as though the State Government had directed the occupation of the lands under section 43 of the 1Land Acquisition Act, 1870 (10 of 1870).

1. See now the Land Acquisition Act, 1894 (1 of 1894).

Any persons desiring to use the water ofany canal may apply in writing to the Divisional or Sub-Divisional Canal-officer of the division or subdivision of the canal from which the water course is to be supplied, requesting such officer to construct orimprove a water-course at the cost of the applicants.

Contents of application.The application shall state the works to be undertaken, their approximateestimated cost, or the amount which the applicants are willing to pay for the same, or whether theyengage to pay the actual cost as settled by the Divisional Canal-officer, and how the payment is to bemade.

Liability of applicants for cost of works.When the assent of the Superintending Canal-officer isgiven to such application, all the applicants shall, after the application has been duly attested before theCollector, 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 notpaid to the Divisional Canal-officer, or the person authorised by him to receive the same, on or before thedate on which it becomes due, shall, on the demand of such officer, be recoverable by the Collector as if itwere an arrear of land-revenue.

There shall be provided, at the cost of theState Government, suitable means of crossing canals constructed or maintained at the cost of the StateGovernment, at such places as the State Government thinks necessary for the reasonable convenience ofthe inhabitants of the adjacent lands.

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

TheDivisional Canal-officer may issue an order to the persons using any water-course to construct suitablebridges, culverts or other works for the passage of the water of such water-course across any 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 becompleted;

If they fail, Canal-officer may construct, and if, after the receipt of such order, the persons towhom it is addressed do not, within the said period, construct or repair such works to the satisfaction ofthe said Canal-officer, he may, with the previous approval of the Superintending Canal-officer, himselfconstruct or repair the same;

and recover cost, and if the said persons do not, when so required, pay the cost of suchconstruction or repairs as declared by the Divisional Canal-officer, the amount shall, on the demand of theDivisional Canal-officer, be recoverable from them by the Collector as if it were an arrear of landrevenue.

If any person, jointlyresponsible with others for the construction or maintenance of a water-course, or jointly making use of awater-course with others, neglects or refuses to pay his share of the cost of such construction ormaintenance, or to execute his share of any work necessary for such construction or maintenance, theDivisional or Sub-divisional Canal-officer, on receiving an application in writing from any person injuredby 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.

Such order shall be appealable to the Commissioner, whose order thereon shall be final.

Recovery of amount found due.Any sum directed by such order to be paid within aspecified period may, if not paid within such period, and if the order remains in force, berecovered by the Collector, from the person directed to pay the same, as if it were anarrear of land-revenue.

Whenever application ismade to a Divisional Canal-officer for a supply of water from a canal, and it appears to himexpedient that such supply should be given and that it should be conveyed through someexisting water-course, he shall give notice to the persons responsible for the maintenanceof such water-course to show cause, on a day not less than fourteen days from the date ofsuch notice, why the said supply should not be so conveyed; and, after making enquiry onsuch day, the Divisional Canal-officer shall determine whether and on what conditions thesaid supply shall be conveyed through such water-course.

When such officer determines that a supply of canal-water may be conveyed throughany water-course as aforesaid, his decision shall, when confirmed or modified by theSuperintending Canal-officer, be binding on the applicant and also on the personsresponsible for the maintenance of the said water-course.

Such applicant shall not be entitled to use such water-course until he has paid theexpense of any alteration of such water-course necessary in order to his being suppliedthrough it, and also such share of the first cost of such water-course as the Divisional orSuperintending Canal-officer may determine.

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

Any person desiring the construction ofnew 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 landthrough which he desires such water-course to pass, a right to occupy so much of theland 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 necessaryfor acquiring such right;

(3) that he is able to defray all costs involved in acquiring such right and constructing suchwater-course.

If the Divisional Canal-officer considers--

(1) that the construction of such water-course is expedient, and

(2) that the statements in the application are true,

he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers necessaryto defray the cost of the preliminary proceedings, and the amount of any compensation which heconsiders likely to become due under section 28;

and, upon such deposit being made, he shall cause enquiry to be made into the most suitablealignment 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 villagethrough which the water-course is proposed to be taken, that so much of such land as belongs to suchvillage has been so marked out, and shall send a copy of such notice to the Collector of every district inwhich any part of such land is situate.

Any person desiring that an existing watercourse should be transferred from its present owner to himself may apply in writing to the DivisionalCanal-officer, stating--

(1) that he has endeavoured unsuccessfully to procure such transfer from the owner of suchwater-course;

(2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things necessaryfor procuring such transfer;

(3) that he is able to defray the cost of such transfer.

Procedure thereupon.If the Divisional Canal-officer considers--

(a) that the said transfer is necessary for the better Management of the irrigation from suchwater-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 necessaryto defray the cost of the preliminary proceedings, and the amount of any compensation that may becomedue under the provisions of section 28 in respect of such transfer; and upon such deposit being made, heshall publish a notice of the application in every village, and shall send a copy of the notice to theCollector of every district, through which such water-course passes.

Within thirty days from the publication ofa notice under section 22 or section 23, as the case may be, any person interested in the land or watercourse to which the notice refers may apply to the Collector by petition stating his objection to theconstruction or transfer for which application has been made.

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

The Collector shall record in writing all orders passed by him under this section and the groundsthereof.

If no such objection is made, or (where suchobjection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-officer to thateffect, and shall proceed forthwith to place the said applicant in occupation of the land marked out or ofthe water-course to be transferred, as the case may be.

If the Collector considers any objection made asaforesaid to be valid he shall inform the Divisional Canal-officer accordingly; 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, andmay give fresh notice under section 22; and the procedure herein before provided shall be applicable tosuch notice, and the Collector shall thereupon proceed as before provided.

If the Canal-officer disagrees withthe Collector, the matter shall be referred for decision to the Commissioner.

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

No such applicant shall beplaced in occupation of such land or water-course until he has paid to the person named by the Collectorsuch amount as the Collector determines to be due as compensation for the land or water-course sooccupied 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 sectionthe Collector shall proceed under the provisions of the Land Acquisition Act, 18701(10 of 1870); but hemay, if the person to be compensated so desires, award such compensation in the form of a rent-chargepayable in respect of the land or water-course occupied or transferred.

Recovery of compensation and expenses.If such compensation and expenses are not paid whendemanded by the person entitled to receive the same, the amount may be recovered by the Collector as ifit were any arrear of land-revenue, and shall, when recovered, be paid by him to the person entitled toreceive the same.

1. See now the Land Acquisition Act, 1894 (1 of 1894).

When any such applicant is placed inoccupation of land or of a water-course as aforesaid, the following rules and conditions shall be bindingon him and his representative in interest :--

First.--All works necessary for the passage across such water-course, of water-courses existingprevious to its construction and of the drainage intercepted by it, and for affording propercommunications across it for the convenience of the neighbouring lands, shall be constructed by theapplicant, and be maintained by him or his representative in interest to the satisfaction of theDivisional Canal-officer.

Second.--Land occupied for a water-course under the provisions of section 22 stall be used onlyfor the purpose of such water-course.

Third.--The proposed water-course shall be completed to the satisfaction of the Divisional Canalofficer 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 orwater-course, pay rent for the same at such rate and on such days as are determined by the Collectorwhen 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 topay the said rent shall continue until the applicant or his representative in interest has restored theland to its original condition, or until he has paid, by way of compensation for any injury done to thesaid 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 orcompensation, determine the amount of rent due or assess the amount of such compensation; and, ifany such rent or compensation be not paid by the applicant or his representative in interest, theCollector may recover the amount, with interest thereon at the rate of six per cent. per annum fromthe date on which it became due, as if it were an arrear of land-revenue, and shall pay the same, whenrecovered, 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 yearscontinuously,

the right of the applicant, or of his representative in interest, to occupy such land or water-courseshall cease absolutely.

The procedurehereinbefore provided for the occupation of land for the construction of a water-course shall beapplicable to the occupation of land for any extension or alteration of a water-course, and forthe deposit of soil from water-course clearances.

In the absenceof a written contract, or so far as any such contract does not extend, every supply of canalwater shall be deemed to be given at the rates and subject to the conditions prescribed by therules to be made by the State Government in respect thereof.

Such contracts and rules must be consistent, with the followingconditions:--

(a) Power to stop water-supply.The Divisional Canal-officer may not stop the supply ofwater 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 ofexecuting any work ordered by competent authority and with the previous sanction ofthe State Government;

(2) whenever and so long as any water-course is not maintained in such proper customaryrepair as to prevent the wasteful escape of water therefrom;

(3) within periods fixed from time to time by the Divisional Canal-officer;

(b) Claims to compensation in case of failure or stoppage of supply. No claim shall bemade against the State Government for compensation in respect of loss caused by thefailure or stoppage of the water in a canal, by reason of any cause beyond the control ofthe State Government or of any repairs, alterations or additions to the canal, or of anymeasures taken for regulating the proper flow of water therein, or for maintaining theestablished course of irrigation which the Divisional Canal-officer considers necessary;but the person suffering such loss may claim such remission of the ordinary chargespayable for the use of the water as is authorised by the State Government :

(c) Claims on account of interruption from other causes.If the supply of water toany land irrigated from a canal be interrupted otherwise than in the manner described in thelast preceding clause, the occupier or owner of such land may present a petition forcompensation to the Collector for any loss arising from such interruption, and the Collectormay award to the petitioner reasonable compensation for such loss:

(d) Duration of supply.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 cropcomes to maturity, and to apply only to that crop; but, if it be supplied for irrigating twoor more crops to be raised on the same land within the year, such permission shall be heldto continue for one year from the commencement of the irrigation, and to apply to suchcrops only as are matured within that year :

(e) Sale or subletting of right to use canal-water.Unless with the permission of theSuperintending Canal-officer, no person entitled to use the water of any canal, or anywork, building or land appertaining to any canal, shall sell or sublet or otherwise transferhis right to such use:

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

Transfer, with land, of contracts for water.But all contracts made between theState Government and the owner or occupier of any immovable property, as to the supplyof canal-water to such property, shall be transferable therewith, and shall be presumed tohave been so transferred whenever a transfer of such property takes place :

(f) No right acquired by user.No right to the use of the water of a canal shall be, orbe deemed to have been, acquired under the 1Indian Limitation Act, 1877 (15 of 1877), PartIV, nor shall the State Government be bound to supply any person with water except inaccordance with the terms of a contract in writing.

1. See now the Indian Limitation Act, 1963 (36 of 1963).

If water supplied through awater-course be used in an unauthorised manner, and if the person by whose act or neglect such use hasoccurred cannot be identified,

the person on whose land such water has flowed if such land has derived benefit therefrom,

or if such person cannot be identified or if such land has not derived benefit therefrom, allthe persons chargeable in respect of the water supplied through such water-course, shall beliable, or jointly liable, as the case may be, to the charges made for such use.

If water supplied through a water-course besuffered to run to waste, and if, after enquiry by the Divisional Canal-officer, the personthrough whose act or neglect such water was suffered to run to waste cannot be discovered, allthe persons chargeable in respect of the water supplied through such water-course shall bejointly liable for the charges made in respect of the water so wasted.

All charges for the unauthorised use orfor waste of water may be recovered in addition to any penalties incurred on account of suchuse or waste.

Decision of questions under sections 33 and 34.All questions under section 33 or section34 shall be decided by the Divisional Canal-officer, subject to an appeal to the head Revenueofficer of the district, or such other appeal as may be provided under section 75.

The rates to be charged for canalwater supplied for purposes of irrigation to the occupiers of land shall be determined by the rulesto be made by the State Government, and such occupiers as accept the water shall pay foraccordingly.

"Occupier's rate".A rate so charged shall be called the "occupier's rate".

1[The rules hereinbefore referred to may prescribe and determine what persons or classes ofpersons are to be deemed to be occupiers for the purposes of this section, and may also determinethe several liabilities, in respect of the payment of the occupier's rate, of tenants and of persons towhom tenants may have sublet their lands or of proprietors and of persons to whom proprietorsmay have let the lands held by them in cultivating occupancy.]

1. Ins. by Act 16 of 1899, s. 2.

In addition to the occupier's rate, a rate to be called the "owner'srate" may be imposed according to rules to be made by the State Government, on the owners ofcanal-irrigated lands, in respect of the benefit which they derive from such irrigation.

The owner's rate shall not exceed the sum which, underthe rules for the time being in force for the assessment of land -revenue, might be assessed onsuch land on account of the increase in the annual value of produce thereof caused by thecanal irrigation. And, for the purpose of this section only, land which is permanently settledor held free of revenue shall be considered as though it wer e temporarily settled and liable topayment of revenue.

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

140. When occupier is to pay both owner's rate and occupieru2019s rate.--If such land is occupied bythe owner,

or if it is occupied by a tenant whose rent is not liable to enhancement on the ground thatthe value of the produce of the land or the productive powers of the land has or have teenincreased by irrigation,

such owner or tenant shall pay the owners rate as well as the occupiers rate.

1. Sections 40 to 43 rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and the Schedule.

141. Power to make rules for apportioning owner's rate.--In the case of a tenant with aright of occupancy, the State Government shall have power to make rules for dividing theowner's rate between such tenant and his landlord, proportionately to the extent of thebeneficial interest of each in the land.

1. Sections 40 to 43 rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and the Schedule.

142. When owner is to pay owneru2019s rate.--If the owner of the land is not the occupier, but haspower to enhance the rent of the occupier on the ground that the value of the produce or the productivepowers of the land has or have been increased by irrigation,

or if, when the amount of a rent was fixed, the land was irrigated from the canal,

the owner shall pay the owner's rate.

1. Sections 40 to 43 rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and the Schedule.

143. Effect of introduction or canal-irrigation on landlordu2019s right to enhance.--If arevision of settlement is a ground for entertaining a suit, for the enhancement of rent, theintroduction of canal-irrigation into any land shall have the same effect on the landlord 's rightto re-enhance the rent of a tenant with a right of occupancy of such land, as if a revision ofsettlement had taken place, under which the revenue payable in respect of such land had beenincreased.

1. Sections 40 to 43 rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and the Schedule

Where a water-rate is charged on land held by several joint owners, it shall be payable by themanager or other person who receives the rents or profits of such land, and may be deductedby him from such rents or profits before division, or may be recovered by him from thepersons liable to such rate in the manner customary in the recovery of other charges on suchrents or profits.

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

The Divisional Canal-officer or theCollector may enter into an agreement with any person for the collection and payment to theState 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 itwere a debt due to him, or an arrear of rent due to him on account of the land, wor k or buildingin respect of which such sum is payable, or for or in which the canal-water shall have beensupplied or used.

If such person makes default in the payment of any sum collected by him under this section, such summay 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 like manner by the Collector fromsuch third party.

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

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

and for the purpose of collecting such sums from the subordinate zamindars, rayats, 1[tenants or sub-tenants], such lambardar or person may exercise the powers, and shall be subject to the rules, laid down inthe law for the time being in force in respect to the collection by him of the rents of land or of shares ofland-revenue.

The State Government shall provide--

(a) for remunerating persons collecting sums under this section; or

(b) for indemnifying them against expenses properly incurred by them in suchcollection; or

(c) for both such purposes.

1. Subs. by Act 16 of 1899, s. 3, for "or tenants".

Nothing in section 45, 46 or 47 applies to fines.

Any vessel entering or navigating any canalcontrary to the rules made in that behalf by the State Government, or so as to cause dangerto the canal or the other vessels therein, may be r emoved or detained, or both removed anddetained, by the Divisional Canal-officer, or by any other person duly authorised in thisbehalf.

Liability of owners of vessels causing damage.The owner of any vessel causingdamage to a canal, or removed or detained under this section, shall be liable to pay to theState Government such sum as the Divisional Canal-officer, with the approval of theSuperintending Canal-officer, determines to be necessary to defray the expenses of repairingsuch damage or of such removal or detention, as the case may be.

Any fine imposed under thisAct upon the owner of any vessel, or the servant or agent of such owner or other person incharge of any vessel, for any offence in respect of the navigation of such vessel, may berecovered either in the manner prescribed by the Code of Criminal Procedure 1or, if theMagistrate imposing the fine so directs, as though it were a charge due in respect of suchvessel.

1. See now the Code of Criminal Procedure, 1973 (2 of 1974).

If any charge dueunder the provisions of this Part in respect of any vessel is not paid on demand to the personauthorised to collect the same, the Divisional Canal-officer may seize and detain such vesselsand the furniture thereof, until the charge so due, together with all expenses and additionalcharges arising from such seizure and detention, is paid in full.

If any chargedue under the provisions of this Part in respect of any cargo or goods carried in a Governmentvessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal is not paid on demand to the person authorised to collect the same, the Divisio nal Canalofficer may seize such cargo or goods and detain them until the charge so due, together withall expenses and additional charges arising from such seizure and detention, is paid in full.

Within a reasonable time afterany seizure under section 51 or section 52, the said Canal-officer shall give notice to the owner orperson in charge of the property seized that it, or such portion of it as may be necessary, will, on aday to be named in the notice, but not sooner than fifteen days from the date of the notice, be soldin satisfaction of the claim on account of which such property was seized, unless the claim bedischarged before the day so named.

And, if such claim be not so discharged, the said Canal-officer may, on such day, sell the propertyseized or such part thereof as may be necessary to yield the amount due, together with the expenses ofsuch seizure and sale:

Provided that no greater part of the furniture of any vessel or of any cargo or goods shall beso sold than shall, as nearly as may be, suffice to cover the amount due in respect of suchvessel, cargo or goods.

The residue of such furniture, cargo or goods, and of the proceeds of the sale, shall be made over tothe owner or person in charge of the property seized.

If any vessel befound abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, orstored on or in lands or warehouses occupied for the purposes of a canal, be left unclaimed for aperiod of two months, 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 suchcargo or goods, are not claimed previously to a day to be named in the notice, not sooner than thirty daysfrom the date of such notice, he will sell the same; and, if such vessel, contents, cargo or goods be not soclaimed, 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 ifunsold, or, if a sale has taken place, the proceeds of the sale, after paying all tools, charges and expensesincurred by the Divisional Canal-officer on account of the taking possession and sale, shall be made overto the owner of the same, when his ownership is established to the satisfaction of the Divisional Canalofficer.

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 thereto be decided by a Court of competent jurisdiction.

Whenever it appears to the StateGovernment that injury to any land or the public health or public convenience has arisen or may arisefrom the obstruction of any river, stream or drainage-channel, such Government may, by notificationpublished in the Official Gazette, prohibit, within limits to be defined in such notification, the formationof any obstruction, or may, within such limits, order the removal or other modification of suchobstruction.

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

The Division a Canal-officer, orother person authorised by the State Government in that behalf, may, after such publication issuean order to the person causing or having control over any such obstruction to remove or modifythe same within a time to be fixed in the order.

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

Whenever it appears to the StateGovernment that any drainage-works are necessary for the improvement of any lands, or for the propercultivation 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 State Government may cause a scheme for such drainage-worksto be drawn up and published, together with an estimate of its co st and a statement of theproportion of such cost which the State Government proposes to defray, and a schedule of thelands which it is proposed to make chargeable in respect of the scheme.

The persons authorised by the StateGovernment to draw up such scheme may exercise all or any of the powers conferred on the Canalofficers by section 14.

An annual rate, in respect of such scheme, may becharged, according to rules to be made by the State Government, on the owners of all landswhich shall, in the manner prescribed by such rules, be determined to be so chargeable.

Such rate shall be fixed, as nearly as possible, so as not to exceed either of the followinglimits :--

(1) six per cent. per annum on the first cost of the said works, adding thereto theestimated yearly cost of the maintenance and supervision of the same, and deductingtherefrom the estimated income, if any, derived from the works, excluding the said rate:

(2) in the case of agricultural land, the sum which under the rules then in force fo r theassessment of land-revenue, might be assessed on such land on account of the increase ofthe annual value or produce thereof caused by the drainage -work.

Such rate may be varied from time to time, within such maximum, by the State Government.

So far as any defect to be remedied is due to any canal, water-course, road or otherwork or obstruction, constructed or caused by the State Government or by any person, aproportionate share of the cost of the drainage -works required for the remedy of the saiddefect shall be borne by such Government or such person, as th e case may be.

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

Whenever, in pursuance of a notification made undersection 55, any obstruction is removed or modified,

or whenever any drainage-work is carried under section 57,

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

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

For the purposes referred to in this Part, the word"labourer" includes persons who exercise any handicraft specified in rules to be made in thatbehalf by the State Government.

Inany district in which a canal or drainage-work is constructed, maintained or projected by the StateGovernment, the State Government, may, if it thinks fit, direct the Collector --

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

(b) to set down in a list, having due regard to the circumstances of the districts and ofthe several proprietors, sub-proprietors or farmers, the number of labourers which shall befurnished 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 hereinafterprovided.

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

Whenever it appears to aDivisional Canal-officer duly authorised by the State Government that, unless some work is immediatelyexecuted, such serious damage will happen to any canal or drainage-work as to cause sudden andextensive public injury,

and that the labourers necessary for the proper execution thereof cannot be obtained in theordinary manner within the time that can be allowed for the execution of such work so as toprevent such injury, the said officer may require any person named in such list to furnish asmany labourers (not exceeding the number which, according to the said list he is liable tosupply) 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 person 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 theinformation of the State Government.

The State Government shall fix, and may from time to time alter the rates to be paid to any suchlabourers: Provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood for similar work. In the case of every such labourer, the payment shall continue for thewhole period during which he is, in consequence of the provisions of this Part, prevented fromfollowing his ordinary occupation.

The State Government may 1 direct that the provisions of this Part shall apply, eitherpermanently or temporarily (as the case may be), to any district or part of a district for thepurpose of effecting necessary annual silt-clearances, or to prevent the proper operation of acanal or drainage-work being stopped or so much interfered with as to stop the establishedcourse of irrigation or drainage.

1. The words "with the previous sanction of the G. G. in C." omitted by Act 4 of 1914, s. 2 and the Schedule.

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

Except where herein otherwise provided, allclaims against the State Government in respect of anything done under this Act may be tried by the CivilCourts; but no such Court shall in any case pass an order as to the supply of canal-water to any crop sownor growing at the time of such order.

Whenever a difference arises between two or more persons in regard totheir mutual rights or liabilities in respect of the use, construction or maintenance of a watercourse, any such person may apply in writing to the Divisional Canal-officer stating thematter 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, aftersuch inquiry, he shall pass his order thereon, unless he transfers (as he is hereby empoweredto do) the matter to the Collector, who shall thereupon inquire into and pass his order on thesaid matter.

Such order shall be final as to the use or distribution of water for any crop sown or growingat the time when such order is made, and shall thereafter remain in force until set aside by thedecree of a Civil Court.

Any officer empowered under this Act toconduct any inquiry may exercise all such powers connected with the summoning and examiningof witnesses as are conferred on Civil Courts by the 1Code of Civil Procedure, and every suchinquiry shall be deemed a judicial proceeding.

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

Whoever, without proper authority and voluntarily, does any of the actsfollowing, 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;

(3) interferes with or alters the flow of water in any river or stream, so as to endanger, damageor 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 precautions for the prevention of waste of the water thereof, orinterferes with the authorised distribution of the water therefrom, or uses such water in a nunauthorised manner;

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

(6) causes any vessel to enter or navigate any canal contrary to the rules for the time beingprescribed by the State Government for entering or navigating such canal;

(7) while navigating on any canal, neglects to take proper precautions for the safety of thecanal and of vessels thereon;

(8) being liable to furnish labourers under Part VIII of this Act, fails wi thoutreasonable 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, withoutreasonable 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 publicservant;

(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 therefrom;

(12) violates any rule made under this Act, for breach whereof a penalty may beincurred;

Penalty.Shall be liable, on conviction before a Magistrate of such class as the StateGovernment directs in this behalf, to a fine not exceeding fifty rupees, or to imprisonment notexceeding one month, or to both.

Nothing herein contained shall prevent any personfrom being prosecuted under any other law for any offence punishable under this Act: Provided that noperson shall be punished twice for the same offence.

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 tothe person injured by such offence.

Any person in charge of or employed upon anycanal or drainage-work may remove from the lands or buildings belonging thereto, or may takeinto 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 thefollowing offences:--

(1) wilfully damages or obstructs any canal or drainage work;

(2) without proper authority interferes with the supply or flow of water in or from anycanal or drainage-work, or in any river or stream, so as to endanger, damage or render lessuseful any canal or drainage-work.

In this Part the word "canal" shall (unless there be somethingrepugnant in the subject or context) be deemed to include also all lands occupied by the StateGovernment for the purposes of canals, and all buildings, machinery, fences, gates and othererections, trees, crops, plantations or other produce occupied by or belonging to the StateGovernment upon such lands.

The State Government may, from time to time1 make rules to regulate the following matters:--

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

(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 foras regards appeal, shall be appealable;

(3) the persons by whom, 2[and] the time, place or manner at or in which anything for the doingof which provision is made under this Act, shall be done;

(4) the amount of any charge made under this Act;

(5) and generally to carry out the provisions of this Act.

The State Government may from time to time 3 alter or cancel any rules so made.

Publication of rules.Such rules, alterations and cancelments shall be published in the OfficialGazette, and shall thereupon have the force of law.

1. The words "subject to the control of the G. G. in C." omitted by Act 38 of 1920.

2. Ins. by Act 12 of 1891.

3. The words "subject to the like control" omitted by Act 38 of 1920.