[Act 30 of 1871] [30th October, 1871] Repealed
by Act 8 of 1873 PASSED
BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL. (Received
the assent of the Governor General on the 30th October 1871.) An
Act to regulate Irrigation, Navigation and Drainage in the Panjab. Whereas all lakes,
rivers, streams and other natural drainage-elaine?s and collections of water in
the Panjab are the property of the Government; and whereas it is expedient to
amend the law relating to irrigation, navigation and drainage; It is hereby
enacted as follows. Part I PRELIMINARY This
Act may be called ?The Panjab Canal and Drainage Act, 1871:? Local
extent. It extends to the territories for the time being under the government
of the Lieutenant-Governor of the Panjab; Commencement.
And it shall come into force on the passing thereof. The
Acts mentioned in the schedule hereto annexed are repealed to the extent
specified in the third column of the said schedule. In
this Act, unless there be something repugnant in the context. (1)
?Canal? ?Canal?
includes. (a)
all canals,
channels and reservoirs constructed, maintained or controlled by Government for
the storage or supply of water; (b)
all works,
embankments, structures, supply and escape channels connected with such canals,
channels or reservoirs; (c)
all lands occupied
by Government for the purposes of canals, and all buildings, machinery, fences,
gates and other erections, trees, crops, plantations or other produce, occupied
by or belonging to Government, upon such lands; (d)
all water-courses
as defined in the second clause of this section; (e)
any part of a
river, stream, lake or natural collection of water, or natural
drainage-channel, to which the Local Government has applied the provisions of
Part II of this Act; (2)
?Voter-course?
?Voter-course? means any channel which is supplied with water from a canal, but
which is not maintained at the cost of Government; and all subsidiary 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 or from erosion,
formed or maintained by the Government under the provisions of Part V of this
Act; but does not include works for the removal of sewage from towns; (4)
?Vessel? ?Vessel?
includes boats, rafts, timber and other floating bodies; (5)
?Commissioner?
?Commissioner? means a Commissioner of a Division, and includes any officer
appointed under this Act to exercise all or any of the powers of a
Commissioner; (6)
?Deputy
Commissioner? ?Deputy Commissioner? means the head Revenue Officer of a
District and includes any officer appointed under this Act to exercise all or
any of the powers of a Deputy Commissioner; (7)
?Canal Officer?
?Canal Officer? means an officer appointed under this Act to exercise control
or jurisdiction over a canal or any part thereof; A
Superintending Canal Officer means an officer exercising general control over a
canal or portion of a canal; A
Divisional Canal Officer means an officer exercising control over a division of
a canal; A
Sub-Divisional Canal Officer means an officer exercising control over a
sub-division of a canal. All
such officers shall be respectively subject to the orders of such officers as
the Local Government shall, from time to time, direct. (8)
?District?.
?District? means a district as fixed for revenue purposes. The
Local Government may from time to time declare, by notification in the official
Gazette, the officers by whom, and the local limits within which, all or any of
the powers or duties hereinafter conferred or imposed shall be exercised or
performed. Part II PROCEDURE FOR APPLYING A WATER-SUPPLY TO PUBLIC
PURPOSES, AND AWARDING COMPENSATION FOR LOSS ARISING THEREON Whenever
it appears expedient to the Local Government that the water of any river,
stream, lake, natural drainage-channel or other collection of - water should be
applied by the Government for the purpose of any existing or projected canal or
drainage-work, such Government may, by notification in the official Gazette,
declare that the said water will be so applied by the Government after a clay
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 the orders of
the Local Government in this behalf, may enter on any land and remove any
obstructions, and may close, any channels, and do any other thing necessary for
such application of the said water. As
soon as is practicable after the publication of such notification, the Deputy
Commissioner shall cause public notice to be given at convenient places,
stating that the Government intends to apply the said water as aforesaid, and
that claims for compensation in respect of the matters mentioned in section
eight may be made before him. Compensation
may be allowed in respect of any of the following matters. (1)
Stoppage or
diminution of supply of water through any natural channel to any defined
artificial channel, whether above or under ground, in use at the passing of
this Act: (2)
Stoppage or
diminution of supply of water to any work erected for purposes of profit on any
channel, natural or artificial, in use at the passing of this Act: (3)
Stoppage or
diminution of supply of water through any natural channel which has been used
for purposes of irrigation for the five years next before the passing of this
Act: (4)
Injury done in
respect of any water-course or the use of any water to which any person is
entitled under the law relating to the acquisition of ownership by possession. Losses
for which compensation shall not be allowed. But no compensation shall be given
for any loss caused by. (a)
stoppage or
diminution of percolation, or floods; (b)
alteration of
climate or soil; (c)
diminution of
natural products; (d)
stoppage of
navigation, of the means of drifting timber, of watering cattle, or stoppage of
fisheries; (e)
displacement of
labour, or deprivation of any accessory advantage or opportunity of profit
other than those referred to in the first three clauses of this section. None
of the advantages referred to in the above clauses (a), (5), (c), (d) and (e)
shall be deemed to be an easement. In
determining the amount of such compensation, regard shall be had to the
diminution in the market-value of the property in question, occasioned by the
application in respect of which compensation is demanded; and where the
market-value of such property is not ascertainable, the amount of compensation to
be awarded shaft-be reckoned at twelve times the amount, of the diminution of
the annual nett profits of such property, occasioned by such application. No
right to any such supply of water as is referred to in clause one, two or three
of this section, in respect of a work or channel not in use at the passing of
this Act, shall hereafter be acquired as against the Government except by grant
or prescription. No
claim for compensation for any such stoppage or diminution shall be
entertained, unless it be made within one year next after such stoppage or
diminution has commenced. The
Deputy Commissioner shall proceed to enquire into any such claim, and to
determine the amount of compensation, if any, which should be given; and
sections nine to twelve, fourteen and fifteen, eighteen to twenty-three,
twenty-six to forty, fifty-one, fifty-seven, fifty-eight and fifty-nine of Act
No. X of 1870 shall apply to such enquiries: Provided
that, instead of the last clause of the said section twenty-six, the following
shall be read: ?The provisions of this section and of section eight of the
Panjab Canal and Drainage Act, 1871, shall be read to every assessor in a
language which he understands before he gives his opinion as to the amount of
compensation to be awarded.? Every
tenant holding under an unexpired lease, who is in occupation of any land at
the time when any stoppage or diminution of water-supply, in respect of which
compensation is allowed under section eight, takes place, may claim an
abatement of the rent previously payable by him for the said land, on the
ground that the interruption reduces the value of the holding. If
a water-supply increasing the value of such holding is afterwards restored to
the said land, the rent of any such tenant of such land may be enhanced, in
respect of the increased value of such land due to the restored water-supply,
to an amount not exceeding that at which it stood before the abatement. All
sums of money payable for compensation under this Part shall be held to be due
three months after the claim for such compensation is made in respect of such
stoppage or diminution; and simple interest at the rate of six per cent per
annum shall be allowed on any such sum remaining unpaid after the said three
months. Part III SURVEYS, CONSTRUCTION AND MAINTENANCE OF WORKS,
IMPOSITION AND RECOVERY OF CHARGES Surveys Any
Canal officer and any person acting under the general or special order of a
Canal officer, may enter upon any lands adjacent to any canal, or through which
any canal is proposed to be made, and undertake surveys or levels thereon; and
dig and bore into the sub-soil; and
make and set up suitable land-marks, level-marks, and water-gauges; and
do all other acts necessary for the proper prosecution of any enquiry relating
to any existing or projected canal under the charge of the said Canal officer: Power
to clear land. and, where otherwise such enquiry cannot be completed, may cut
down and, clear away any part of any standing crop, fence or 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 purpose of inspecting or regulating the use of the water supplied, or of
measuring the lands irrigated thereby or chargeable with a water-rate, and of
doing all things necessary for the proper regulation and management of any such
canal; Notice
of intended entry into houses. Provided that, if such Canal officer or person
proposes to enter into any building or enclosed court or garden attached to a
dwelling house not supplied with water flowing from any canal, he must
previously give the occupier of such building, court or garden at least seven
days' notice in writing of his intention to do so. Compensation
for damage caused by suck entry. In every case of entry under this section,
such Canal officer shall, at the time of such entry, tender compensation for
any damage which may be occasioned by any 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 Deputy Commissioner, and such
decision shall be final. Entry
oil Lands in Case of Accidents In
case of any accident happening or being apprehended to a canal, any Divisional
Canal officer and any person acting under his general or special orders may enter
upon any lands adjacent to such canal, and may execute all works which may be
necessary for the purpose of repairing or preventing such accident. Contents
of application. In every such case, such Canal officer or person shall tender
compensation to the proprietors or occupiers of the said lands for all injury
done to the same. If such tender is not accepted, the Canal officer shall refer
the matter to the Deputy Commissioner, who shall proceed to award compensation
for the land as though the Local Government had directed its occupation under
section forty-three of Act No. X of 1870. Construction
and Maintenance of Works Any
person or persons desiring to use the water of any canal, may make an
application in writing to the Divisional or Sub-Divisional Canal officer of the
Division or Sub-Division of the Canal from which the water-course is to be
supplied, requesting such officer to construct or improve a water-course at the
cost of the applicant. Contents
of application. The application shall state the works to be undertaken, their
approximate estimated cost, or the amount which the applicant is willing to pay
for the same, or whether he engages to pay the actual cost as settled by the
Divisional Canal officer, and how the payment is to be made. Liability
of applicants for cost of works. When the assent of the Superintending Canal
officer is given to such application, all the persons who have signed it shall
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,
which is not paid to the Divisional Canal officer, or the person authorized by
him to receive the same, on or before the date on which the payment becomes
due, shall, on the demand of such officer, be recoverable by the Deputy
Commissioner as if it were an arrear of land-revenue. There
shall be provided at the cost of Government suitable means of crossing canals,
constructed or maintained at the cost of Government, at such places as the
Local Government thinks necessary for the reasonable convenience of the
inhabitants of the adjacent lands. On
an application in writing, signed by not less than five persons who are owners
of such lands, to the effect that suitable crossings have not been provided on
any canal, the Deputy Commissioner shall cause enquiry to be made into the
circumstances of the case, and if he thinks that the allegation is established,
he shall report his opinion thereon for the consideration of the Local
Government, and the Local Government shall cause such measures in reference
thereto to be taken as it thinks proper. The
Divisional Canal officer may issue an order to the person or persons using any
water-course to construct suitable bridges, culverts, or other works for the
passage of the water of such water-course across any public road, canal or
drainage-channel, which was in use before the said water-course was made, or to
repair any such works. If
the fail, canal officer may construct and recover cost. Such order shall
specify a reasonable period within which such construction or repairs shall be
completed; and if, after the receipt of such order, the person to whom it is
addressed does not, within the said period, construct or repair such works to
the satisfaction of the said Canal officer, such officer may, with the previous
approval of the Superintending Canal officer, himself construct or repair the
same; and if the said person shall not, when required to do so, pay the cost of
such construction or repairs as declared by the Divisional Canal officer, the
amount shall, on the demand of the Divisional Canal officer, be recoverable
from the said person by the Deputy Commissioner, as if it were an arrear of
land-revenue. If
any person, jointly responsible with others for the construction or maintenance
of a water-course, or jointly making use of a water-course with others,
neglects or refuses to pay his share of the cost of such construction or
maintenance, or to execute his share of any work necessary for such
construction or maintenance, the Divisional or Sub-Divisional Canal officer, on
receiving an application from any person injured by such neglect or refusal,
shall give a fortnight's notice to all the parties concerned that lie is about
to 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 shall be
final. Recovery
of amount adjudged to be due. If such order direct the payment of any sum to be
made within a specified period, such sum may, if not paid within such period,
be recovered by the Deputy Commissioner from the person directed to pay the
same, as if it were an arrear of land-revenue. Whenever
application is made to a Divisional Canal officer for a supply of water from a
canal, and it appears to him expedient that such supply should he given and
that it should be conveyed through some existing water-course, he shall give
notice to the person or persons responsible for the maintenance of such
water-course to show cause, on a day not less than fourteen days from the date
of such notice, why the said supply should not be so conveyed; and, after
making enquiry on such day, the Divisional Canal officer shall determine
whether and on what conditions the said supply shall be conveyed through such
water-course. When
such officer determines that a supply of canal-water may be conveyed through
any watercourse as aforesaid, his decision shall, when confirmed or modified by
the Superintending Canal officer, be binding on the applicant and also on the
persons responsible for the maintenance of the said watercourse. Such
applicant shall not be entitled to use such water-course until he has paid the
expense of any alteration of such water-course necessary in order to his being
supplied through it, and also such share of the first cost of such water-course
as the Divisional or Superintending Canal officer shall determine. Such
applicant shall also be liable for his share of the cost of maintenance of such
water-course so long as lie uses it. Any
person desiring the construction of a new water-course may apply in writing to
the Divisional Canal officer, stating. (1)
that he has been
unable to come to terms with the owners of the land through which such
watercourse will pass; (2)
that he desires
the said Canal officer, in his behalf and at his cost, to do all things
necessary for acquiring a right to so much of the said land as will be
necessary for such water-course; (3)
that he is able to
defray all costs involved in acquiring such land and constructing such
water-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 lie considers necessary to defray the cost of the
preliminary proceedings, and the amount of any compensation which he may
consider likely to become due under section twenty-eight; (3)
and, upon such
deposit being made, he shall cause inquiry to be made into the most suitable
alignment 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 village through which the water-course is
proposed to be taken, that so much of such land as belongs to such village has
been so marked out, and shall send a copy of such notice to the Deputy
Commissioner of every district in which 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 Divisional Canal officer,
stating. (1)
that he has been
unable to come to terms with the owner of such water-course; (2)
that he desires
the said Canal officer, in his behalf and at his cost, to do all things
necessary for the transfer to him of such water-course; (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 expedient, (b)
that the
statements in the application are true, he shall call upon the applicant to
make such deposit as he considers necessary to defray the cost of the
preliminary proceedings, and the amount of any compensation that may become due
under the provisions of section twenty-eight in respect of such transfer; and,
upon such deposit being made, he shall publish a notice of the application in
every village, and shall send a copy of the notice to the Deputy Commissioner
of every district through which such watercourse passes. Within
thirty days from the publication of a notice under either of the two next
preceding sections, any person interested in the land or water-course to which
the notice refers may apply to the Deputy Commissioner by petition, stating his
objection to the construction or transfer for which application has been made.
The Deputy Commissioner may either reject the petition or may proceed to
inquire into the validity of the objection, giving previous notice to the
Divisional Canal officer of the place and time at which such inquiry will be
held. The
Deputy Commissioner shall record in writing all orders passed by him under this
section and the grounds thereof. If
no such objection is made, or if the Deputy Commissioner overrules the
objections made, he shall give notice to the Divisional Canal officer to that
effect, and shall proceed forthwith to place the said applicant in occupation
of land marked out or of the water-course to be transferred, as the case may
be. If
the Deputy - Commissioner considers any objection taken as aforesaid 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
twenty-one, alter the boundaries of the land so marked out, and may give fresh
notice under section twenty-two; and the procedure hereinbefore provided shall
be applicable to such notice, and the Deputy Commissioner shall thereupon proceed
as before provided. If
the Canal officer disagrees with the Deputy Commissioner, the matter shall be
referred for decision to the Commissioner. Such decision shall be final, and
the Deputy Commissioner, if he is so directed by such decision, shall forthwith
cause the said applicant to be placed in occupation of land so marked out or of
the water-course to be transferred, as the case may be. No
such applicant shall be placed in occupation of such land or water-course,
until he has paid to the person named by the Deputy Commissioner such amount as
the Deputy Commissioner shall determine to be due as compensation for the land
or watercourse so occupied or transferred, and for any damage occasioned by the
marking out and 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
section, the Deputy Commissioner shall proceed under the provisions of the Land
Acquisition Act, 1870; but he may, if the person to be compensated so wish,
award such compensation in the form of a rent-charge payable in respect of the
land or watercourse occupied or transferred. Recovery
of compensation and expenses. If such compensation and expenses are not paid
when demanded by the person entitled to receive the same, the amount may be
recovered by the Deputy Commissioner as if it were an arrear of land-revenue;
and shall, when recovered, be paid by him to the person entitled to receive the
same. When
any such applicant is placed in occupation of land or of a water-course as
aforesaid, the following rules and conditions shall be binding on him and his
representative in interest. First.
All works necessary for the passage, across such water-course, of water-courses
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 a water-course under the provisions of section twenty-two
shall be used only for the purpose of such water-course. Third.
The proposed water-course shall be completed to the satisfaction of the
Divisional Canal officer within one year after occupation of the land is given
to the applicant. 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 or watercourse, pay rent for the same at such rate and on such days
as shall be determined by the Deputy Commissioner when occupation is given. Fifth.
If the right to occupy the land shall cease owing to a breach of any of these
rules, the liability to pay the said rout shall continue until the applicant or
his representative in interest has restored the land to its original condition,
or until he has paid, by way of compensation for any injury done to the said
land, such amount and to such persons as the Deputy Commissioner shall
determine. Sixth.
The Deputy Commissioner 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 in interest, the Deputy
Commissioner may recover the amount, with interest thereon at the rate of six
per cent 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 persons
to whom it is due. If
any of the rules or conditions prescribed by this section is not complied with,
or if
any water-course constructed or transferred under this Act is disused for three
years continuously, the right of the applicant, or of his representative in
interest, to occupy such land or water-course, shall cease absolutely. The
procedure hereinbefore provided for the occupation of land for the construction
of a watercourse, shall be applicable to the occupation of land for any
extension or alteration of a water-course, and for the deposit of soil from
water-course clearances. Conditions
of the Supply of Water In
the absence of a written contract, or so far as any such contract does not
extend, every supply of canal-water shall be deemed to be given at the rates
and subject to the conditions prescribed by the rules to be issued by the Local
Government in respect thereof. Such
contracts and such rules shall be consistent with the following conditions: (a)
The Divisional
Canal officer may not stop the supply of water 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 of executing any
work ordered by competent authority, and with the previous sanction of the
Local Government; (2)
whenever and so
long as any water-course is not maintained in such proper customary repair as
to prevent the wasteful escape of water therefrom: (b)
claims to
compensation in case of failure or stoppage of supply; No claim shall be made
against the Government for compensation in respect of loss caused by the
failure or stoppage of the water in a canal, by reason of any cause beyond the
control of the Government, or of any repairs, alterations or additions to the
canal, or of any measures taken for regulating the proper flow of water
therein, or for maintaining the established course of irrigation which the
Divisional Canal officer considers necessary; but the person who suffers such
loss may claim such remission of the ordinary charges payable for the use of
the water as shall be authorized by the Local Government: (c)
claims on account
of interruption from other cause. If the supply of water to any land irrigated
from a canal be interrupted otherwise than in the manner described in the last
preceding clause, the occupier or owner of such land may present a petition for
compensation to the. Deputy Commissioner for any loss arising from such
interruption, and the Deputy Commissioner may award reasonable compensation: (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 endure only until that
crop, shall come to maturity, and to apply only to that crop; but if it be
supplied for irrigating two or more crops to be raised on the same land within
the year, such permission shall be held to be for one year from the
commencement of the irrigation, and to apply to such crops only as are matured
within that year: (e)
sale or subletting
of canal-water; Unless with the permission of the Superintending Canal officer,
no person entitled to use the water of any canal, or any work, building or land
appertaining to any canal, shall sell or sub-let or otherwise transfer his
right to such use; but all contracts made between Government and the owner or
occupier of any land or other property, as to the supply of canal-water to such
land or property, shall be transferable with such land or property, and shall
be presumed to have been so transferred whenever a transfer of such land or
property takes place: (f)
right acquired by
user. No prescriptive right to the use of the water of a canal can be acquired
by user or lapse of time, nor shall Government be bound to supply any person
with water except in accordance with the terms of a, specific contract. Liability to Charges If
water supplied through a water-course be used in an unauthorized manner, and if
the person by whose act or neglect such use has occurred cannot be identified, the
person on whose land such water has flowed, if such land has derived benefit
therefrom, and if he cannot be identified, or if such, land has not derived
benefit therefrom, all the persons chargeable in respect of the water supplied
through such water-course, shall be jointly liable to the charges made for such
use. All
charges for the unauthorized use or for waste of water may be recovered in
addition to any penalties incurred on account of such use or waste. All
questions under this section shall be decided by the Divisional Canal officer,
and his decision shall be final, unless the Local Government shall otherwise
direct. If
water supplied through a water-course be suffered to run to waste, and if,
after enquiry by the Divisional Canal officer, the person through whose act or
neglect such water was suffered to run to waste cannot be discovered, all the
persons chargeable in respect of the water supplied through such water-course
shall be jointly liable for the charges made in respect of the water so wasted. Where
a water-rate is charged on land held by several joint owners, it shall be
payable by the manager or other person who receives the rents or profits of
such land, and may be deducted by him from such rents or profits before
division, or may be recovered by him from the persons liable to such rate in
the manner customary in the recovery of other charges on such rents or profits. Water-rates
on Irrigated Lands. The
rates to be charged for canal-water supplied for purposes of irrigation to the
occupiers of land shall be determined by the rules to be made by the Local
Government, and such occupiers as accept the water shall pay for it
accordingly. ?Occupier's
rate?. A rate so charged shall be called the ?occupier's rate.? In
addition to the occupier's rate, a rate to be called the ?owner's rate? may be
imposed on the owners of canal-irrigated lands, in respect of the benefit which
they derive from such irrigation. Effect
of introduction of canal irrigation oil landlord's right to enhance rent. The
introduction of canal-irrigation into any land shall have the same effect on
the landlord's right to re-enhance the rent of a tenant with a right of
occupancy of such land, as if a general revision of settlement had taken place,
under which the revenue payable in respect of such land had been increased. The
owner's rate shall not exceed one-half of the increase produced by the
canal-irrigation in the nett annual value of the land in respect of which it is
imposed. If
such land is occupied by the owner, or if it is occupied by a tenant whose rent
is not liable to enhancement on the ground that the value of the produce of the
land or the productive powers of the land have been increased by irrigation,
such owner or occupier shall pay the owner's rate as well as the occupier's
rate. In
the case of a tenant with a right of occupancy, the Local Government shall make
rules for dividing the owner's rate between the landlord and such tenant,
proportionately to the extent of the beneficial interest of each. If
the owner of the land is not the occupier, but has power to enhance the rent of
the occupier on the ground that the value of the produce or the productive
powers of the land have been increased by irrigation, or if, when the amount of
rent was fixed, the land was irrigated from the canal, the owner shall pay the
owner's rate. No
owner's rate shall be chargeable either on the owner or occupier of land
assessed to pay land-revenue at canal-irrigation rates, unless a reduction has
been made in such land-revenue equal to the amount by which it has been
increased on account of the canal-irrigation of the land: Provided
that the owner's rate shall in no case, during the currency of an unexpired
settlement, exceed the amount by which such land-revenue was so reduced. A
tenant not liable to enhancement of rent on the ground stated in section
forty-one, who is charged with, and pays, the owner's rate on land assessed at
canal-irrigation rates, may deduct from his rent a sum equal to any sum which
may, under the last section, be deducted from the revenue payable by the owner
of the land. Water-rate
on Lands irrigable, but not irrigated At
any time not less than five years after the commencement of irrigation from any
canal, the Local Government may order an inquiry to be made by an officer
appointed for that purpose into the condition of such canal and the irrigation
therefrom. If, upon the report of such officer, the Local Government is
satisfied that the owners or occupiers of lands irrigable by such canal have
not made reasonable use of the canal for purposes of irrigation, the Local
Government may, with the previous sanction of the Governor General in Council,
issue a notification in the official Gazette declaring that the owners of such
lands, within local limits to be specified in the notification, shall be
charged with a special rate according to the provisions hereinafter contained. Such
special rate shall be levied yearly or half-yearly as the Local Government
shall direct. No
such special rate shall exceed one rupee per half-year per acre of land in
respect of which the rate is charged. No
such special rate shall be charged in respect of any land, if during the year
or half-year (as the case may be) in respect to which such yearly or
half-yearly rate might otherwise be claimed, water sufficient for the
irrigation of such land has not been supplied when required by the owner or
occupier thereof. Nor
the purposes of section forty-four, land shall be deemed irrigable by a canal
when the following conditions are complied with in respect thereto. (a)
That it is
cultivated and not irrigated; (b)
That the nett
annual value of the produce of the land or the productive powers thereof will
be increased by the irrigation thereof by canal-water, after deducting all
necessary charges incurred in cultivating the same, conveying the water
thereto, and paying all Government charges in respect of such irrigation; (c)
That the
Divisional Canal officer shall have tendered to the occupier or owner thereof a
supply of canal-water sufficient for the irrigation thereof in the manner
customary in the irrigation of land from a canal; (d)
That the
Divisional Canal officer shall have offered to the said occupier or owner to
construct the works necessary for conveying the water to the said land, under
section sixteen, or (if the said occupier or owner shall so prefer) to apply
the provisions of sections twenty-one, twenty-two and twenty-three fop the
construction or transfer of a water-course, or shall have tendered an advance
of money sufficient to provide for the construction of the said works; such
advance to be re-payable in conformity with the rules for recovering advances
made under the Act for the time being in force as to advances for improvements
in land. (e)
If any question
shall arise whether the said conditions are complied with in respect of any
land, it shall be determined in the same manner as suits relating to rent under
the law for the time being in force. The
provisions of sections thirty-nine, forty and forty-one shall apply to the
payment of a special rate charged under section forty-four, as though such rate
had been an owner's rate. Water-rate
on Land benefited by Percolation. If
it shall appear, to the Divisional Canal officer that any cultivated land
situate within three hundred yards of the edge of any artificial canal
maintained by Government, receives by percolation from such canal an advantage
equivalent to that which would be given by a direct supply of canal-water for
irrigation, he may charge on such land a water-rate not exceeding that which
would ordinarily have been charged for such a supply to land similarly
cultivated. For
the purposes of this Act, land charged under this section shall be deemed to be
land irrigated from a canal. Recovery
of Charges. Any
sum, certified by the Divisional Canal officer to be lawfully due under this
Act, which remains unpaid after the day on which the same becomes due, shall be
recoverable by the Deputy Commissioner from the person liable for the same as
though it were an arrear of land-revenue. The
Divisional Canal officer or the Deputy Commissioner may enter into an agreement
with any person for the collection and payment to the 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 it were a debt due to him, or an arrear of rent due to him on account-of
the land, work or building in respect of which such sum is payable, or for or
in which the canal-water shall have been supplied or used. If
such person shall make default in the payment of any sum collected by him under
this section, such sum may be recovered from him by the Deputy Commissioner
under section fifty-one; and if such sum or any part of it be still due by such
third party, then such sum or such part of it may be recovered in like manner
by the Deputy Commissioner from such third party. The
Deputy Commissioner may require the lambard?r or person under engagement to pay
the land-revenue of any estate, to collect and pay any sums payable under this
Act by a third party, in respect of any land or water in such estate. Part IV NAVIGATION Any
vessel which enters or navigates any canal contrary to the rules made in that
behalf by the Local Government, or so as to cause danger to the canal or the
vessels therein, may be removed and detained by the Divisional Canal officer,
or by any person duly authorized in that behalf. Liability
of owners of vessels causing damage. The owner of any vessel causing damage to
a canal, or removed or detained under this section, shall be liable to pay to
the Government such sum as the Divisional Canal officer shall, with the
approval of the Superintending Canal officer, determine to be necessary to
defray the expenses of repairing such damage, or of such removal or detention,
as the case may be. A
fine imposed under the provisions of this Act upon the owner of any vessel, or
the servant or agent of such owner, or other person in charge of any vessel,
for any offence in respect of the navigation of such vessel, may be recovered
either in the manner prescribed by the Code of Criminal Procedure, or, if the
Magistrate imposing the line shall so direct, as though it were a charge due on
account of such vessel. If
any charge due under the provisions of this Part in respect of any vessel is
not paid on demand to the person authorized to collect the same, the Divisional
Canal officer may seize and detain such vessel and the furniture thereof, until
the charge due, together with all expenses and additional, charges arising from
such seizure and detention, are paid in full. If
any charge due under the provisions of this Part in respect of any cargo or
goods carried in a Government vessel on a canal, or stored on or in canal-lands
or warehouses, is not paid, on demand to the person authorized to collect the
same, the Divisional Canal officer may seize sssuch cargo or goods and detain
them until the charge so due, together with all expenses and additional charges
arising from such seizure and detention, be paid in full. Within
a reasonable time after any such seizure as is described in the two last
preceding sections, the said Canal officer shall give notice to the owner or
person in charge of the property seized that it or such portion of it as may be
necessary, will, on a day to be named in the notice, but not sooner than fifteen
days from the date of the notice, he sold in satisfaction of the claim on
account of which such property was seized, unless the claim be discharged
before the day so named: And
if such claim be not so discharged, the said Canal officer may, on such day, sell
the property seized, or such part thereof as may be necessary to yield the
amount due, together with the expenses of such seizure and sale: Provided
that no greater part of the furniture of any vessel or of any cargo or goods
shall be so sold than shall, as near as may be, suffice to cover the amount due
in respect of such vessel, cargo or goods. The
residue of such furniture, cargo or goods, and of the proceeds of the sale,
shall be made over to the owner or person in charge of the same. If
any vessel be found, abandoned in a canal, or any cargo or goods carried in a
Government vessel on a canal or stored on or in canal lands or warehouses be
left unclaimed for a period of two months, the Divisional Canal officer may
take possession of the same. A Divisional officer so taking possession may
publish a notice that, if such vessel and its contents, or such cargo or goods,
are not claimed previously to a day to be named in the notice, not sooner than
thirty days from the date of such notice, he will sell the same; and, if such
vessel or cargo be not so claimed, 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, if unsold, or, if a sale has taken place, the proceeds of the sale,
after paying all tolls, charges and expenses incurred by the Canal officer on
account of the taking possession and sale, shall be made over to the owner of
the same, when his ownership is established to the satisfaction of the
Divisional Canal officer. If the Divisional Canal officer is doubtful to whom
such property or proceeds of such sale should be made over, he may direct the
property to be sold as aforesaid, and the proceeds of the sale to be paid into
the district treasury, there to be held until the right thereto be decided by a
Court of competent jurisdiction. Part V DRAINAGE Removal
of Obstructions of Drainage-channels. Whenever
it appears to the Local Government that injury to any land or the public health
or public convenience has arisen or may arise from the obstruction of any
river, stream or drainage-channel, such Government may, by notification in the
official Gazette, prohibit, within limits to be defined in such notification,
the formation of any obstruction, or may, within such limits, order the removal
or other alteration of such obstruction. And thereupon, so much of the said
river, stream, or drainage-channel as shall be comprised within such limits,
shall be held to be a drainage-work as defined in this Act. The
Divisional Canal officer, or other person authorized by the Local Government in
that behalf, may, after the publication of such notification, issue an order to
the person causing or having control over any such obstruction to remove or
alter the same. If,
within a time to be fixed in the order, such person shall not remove or alter
such obstruction, the said Canal officer may himself remove or alter it; and if
the person to whom the order was issued shall not, when called upon, pay the
expenses involved in shell removal or alteration, such expenses shall be
recoverable from him or his representative as an arrear of land-revenue. Improvement
of Drainage of Lands Whenever
it appears to the Local Government that any drainage-works are necessary for
the improvement of any lands, or for the proper cultivation or irrigation
thereof, or
that protection from floods or other accumulations of water, or from erosion by
a river, is required for any lands, such
Local Government may cause a scheme for such drainage-works to be drawn up and
published, together with an estimate of its cost and a statement of the
proportion of such cost which the Government proposes to defray, and a schedule
of the lands which it is proposed to make chargeable in respect of the scheme. The
persons authorized by Government to draw up such scheme may exercise all or any
of the powers conferred on Canal officers by section fourteen of this Act. An
annual rate, in respect of such scheme, may be charged on the owners of all
lands which shall, in the manner hereinafter provided, be determined to be so
chargeable. Such
rate shall be fixed as nearly as possible so as not to exceed either of the
following limits. (1)
Six per cent per
annum on the first cost of the said works, adding thereto the estimated cost of
the annual maintenance and supervision of the same, and deducting therefrom the
estimated income, if any, derived from the works, excluding the said rate: (2)
In the case of
agricultural land, one-half of the estimated increase to the annual value of
the land, clue to the improvement to be effected by the works. (3)
Such rate may be
varied from time to time within such maximum by the said Government. (4)
So far as any
defect to be remedied is due to any canal, water-course, road or other work or
obstruction, constructed or caused by the Government or any person, a
proportionate share of the cost of the drainage-works required for the remedy
of the said defect shall be borne by the Government or such person. Any
such drainage-rate shall be recoverable as a water-rate. Whenever,
in pursuance of a notification made under section sixty, any obstruction is
removed, or whenever any drainage-work is carried out under section sixty-two,
all claims for compensation on account of any loss consequent on the removal of
the said obstruction or construction of such work, may be made before the
Deputy Commissioner, and he shall deal with the same in the manner provided in
section ten. No
such claim shall be entertained unless it be made within one year next after
the commencement of the loss complained of. Part VI OBTAINING LABOUR DO IT CANALS AND DRAINAGE-WORKS For
the purposes referred to in this Part, the word ?labourer? includes persons who
exercise any handicraft which shall be specified in rules to be made in that
behalf by the Local Government. In
any district in which a canal or drainage-work is projected, constructed or
maintained by Government, the Local Government may, if it thinks fit, direct
the Deputy Commissioner to ascertain the proprietors, sub-proprietors or
farmers, whose villages or estates are or will be, in the judgment of the
Deputy Commissioner, benefited by such canal or drainage-work, and to set down
in a list, having due regard to the circumstances of the district and of the
several proprietors, sub-proprietors or farmers, the number of labourers which
shall be furnished by any of the said persons, jointly of severally, from any
such village or estate, for employment on any such canal or drainage-work when
required as hereinafter provided. The
Deputy Commissioner may, from time to time, add to or alter such list or any
part thereof. When
it appears to a Divisional Canal officer duly authorized by the Local
Government, that, unless some work is immediately executed, serious injury will
happen to any canal or drainage-work, whereby the proper operation of such
canal or drainage-work will be stopped, or so much interfered with as to
prevent the established course of irrigation or drainage being continued, or to
cause sudden and extensive public injury, and
that the labourers necessary for the proper execution thereof cannot be
obtained in the ordinary manner within the time that can be allowed for the
execution of such work so as to avoid such consequences, the
said officer may require any person named in such list to furnish so many
labourers (not exceeding the number which, according to the said list, he is
liable to supply) 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 the nature and
locality of the work to be done, the number of labourers to lie supplied by the
person upon whom the requisition is made, the approximate time for which and
the day on which the abourers will be required; and a copy thereof shall
(immediately sent to the Superintending Canal) officer for the information of
the Local Government. The
rates to be paid to any such labourers, in excess of the highest rates paid in
the neighbourhood or similar work, shall be fixed by the Local Government, and
the payment shall extend to the whole period during which any such labourer is
absent from his ordinary home. The
Local Government may direct that the provisions of this Part shall be
applicable to any district or part of a district for the purpose of effecting
necessary annual silt clearances. When
any requisition has been made on any such person, every labourer ordinarily
resident within the village or estate of such person shall be liable to supply,
and to continue to supply, his labour, for the purposes aforesaid. Part VII JURISDICTION Decision
of Differences regarding Water-courses. Unless
where otherwise provided, all claims against Government in respect of anything
done under this Act may be tried by the Civil Courts, but no such Court shall
in any case pass an order as to the supply of canal-water to any crop sown or
growing at the time of such order. Whenever
a difference arises between any persons in regard to their mutual rights or
liabilities in respect of the use, construction or maintenance of a
water-course, any such person may present an application in writing to the
Divisional Canal officer stating the matter in dispute; and 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 enquire into the said matter. And
after such enquiry the said officer shall pass his order thereon, unless he
transfers the matter to the Deputy Commissioner, who shall thereupon enquire
into and pass his order on the said matter. Such
order shall be final as to the use or distribution of water for any crop sown
or growing at the time when such order is made, and shall thereafter remain in
force until set aside by the decree of a Civil Court. Any
officer empowered under this Act to conduct any inquiry may exercise all such
powers, connected with the summoning and examining of witnesses, as are
conferred on Civil Courts by the Code of Civil Procedure; and every such
inquiry shall be deemed a judicial proceeding. Part VIII OFFENCES AND PENALTIES Whoever
without proper authority and voluntarily does any of the acts following, that
is to say, (1)
injures, 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, injure, or
render less useful any canal or drainage-work; (4)
being responsible
for the maintenance of or using a water-course, neglects to take proper
precautions for the prevention of waste of the water in such water-course, or
interferes with the authorized distribution of the water therefrom, or uses
such water in an unauthorized manner; (5)
corrupts or fouls
the water of any canal so as to render it less fit for the purposes for which
it is ordinarily used; (6)
causes any vessel
to enter or navigate any canal contrary to the authorized rules laid down for
entering or navigating such canal; (7)
while navigating
on any canal, neglects to take proper precautions for the safety of the canal
and of vessels thereon; (8)
being liable to
furnish labourers under Part VI fails, without reasonable cause, to supply or
to assist in supplying the labourers required of him; (9)
being a labourer
liable to supply his labour under Part VI, neglects, without reasonable 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 public servant; (11)
violates any rule
made under this Act, for breach whereof a penalty may be incurred, Penalty.
shall be liable, on conviction before any Magistrate, to a fine not exceeding
fifty rupees, or to imprisonment not exceeding one month, or to both. Nothing
contained herein shall prevent any person from being prosecuted under any other
law for any offence punishable under this Act: Provided that no person shall be
punished twice for the same offence. Whenever
any person is fined for an offence under this Act, the Magistrate may direct
that any part of such fine may be paid to the person who has suffered by such offence,
by way of compensation. Any
person in charge of or employed upon any canal or drainage-work, may remove
from the lands or buildings belonging to such canal or drainage-work, or may take
into 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 the following offences. (1)
wilfully injures
or obstructs any canal or drainage-work; (2)
without proper
authority interferes with the supply or flow of water in or from any canal or
drainage-work, or in any river or stream, so as to endanger, injure or render
less useful any canal or drainage-work; (3)
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 authorized rules, after lie has been
desired to desist therefrom. Rules
to be made. The
Local Government may, with the previous sanction of the Governor General in
Council, make, and may, with the like sanction, from time to time, alter or
cancel rules to regulate the following matters. (1)
the proceedings of
any officer who, under any provision of this Act, is required or empowered 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
for as regards appeal, shall be appealable; (3)
the persons by
whom, the time, place or manner at or in which, anything for the doing of which
provision is made in 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, (6)
Such rules,
alterations or cancelments shall, when published in the official Gazette, have
the force of law. SCHEDULE Number and year. Title. Extent of repeal. VII of
1845 ? An Act for
regulating the levy of Water Rent, Tolls, and Dues on certain canals for irrigation
and navigation, constructed by Government in the North-Western Provinces, and
for the protection of the said canals from injury. The whole
so far as it affects the Panj?b. XII of 1866 ? An Act to provide for
the compulsory taking of rights to form and maintain private water-courses
from Public Works of irrigation. The whole so far as it
affects the Panj?bPunjab
Canal and Drainage Act, 1871 [Repealed]
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