[11
of 2023] [27th
December 2023] AN ACT to regulate
irrigation, navigation and drainage in the State of Punjab. BE it enacted by the
Legislature of the State of Punjab in the Seventy fourth Year of the Republic
of India as follows: - PART 1 PRELIMINARY (1)
This Act may be called the Punjab Canal and
Drainage Act, 2023. (2)
It shall extend to the whole of the State of
Punjab. (3)
It shall come into force on such date as the State
Government may, by notification, appoint. In this Act, unless there is
anything repugnant in the subject or context:- (1)
"canal" includes.- (a)
all canals, channels and reservoirs
constructed, maintained or controlled by the State Government for the supply or
storage of water; (b)
all works, embankments, structures, including
outlets, supply and escape channels connected with such canals, channels or
reservoirs; (c)
all water-courses; (d)
all parts of a river, stream, lake or natural
collection of water or natural drainage channel, to which the State Government
has applied the provisions of Part II of this Act; (e)
all field drains; (f)
all State tubewells; and (g)
all drains, works, embankments and
structures, connected with drains, maintained or controlled by the State
Government; (2)
"Canal Officer" means an officer
appointed under this Act by the State Government, by notification, to exercise
control or jurisdiction over a canal or any part thereof; (a)
"Chief Canal Officer" means an
officer exercising general control in respect of canals in the State; (b)
"Superintending Canal Officer"
means an officer exercising general control over a canal or portion of a canal; (c)
"Divisional Canal Officer" means an
officer exercising control over a division of a canal; (d)
"Sub-Divisional Canal Officer"
means an officer exercising control over a sub-division of a canal; (e)
"Deputy Collector" means any
officer appointed to perform the functions of Deputy Collector under this Act; (3)
"Collector" means a revenue officer
as specified as Collector in the Punjab Land Revenue Act 1887, and includes any
other officer appointed under this Act by the State Government, by
notification, to exercise all or any of the powers of a Collector; (4)
"Commissioner" means a revenue
officer as specified as Commissioner in the Punjab Land Revenue Act, 1887, and
includes any officer appointed under this Act by the State Government, by
notification, to exercise all or any of the powers of a Commissioner; (5)
"culturable command area" means
that portion of a culturable irrigable area which is commanded by flow or lift
irrigation from an irrigation channel, outlet or State tubewell; (6)
"district" means a revenue district
notified by the Department of Revenue; (7)
"drainage work" includes escape
channels from canals, dams, weirs, embankments, sluices, groins and other works
for the protection of lands from flood or from erosion, formed or maintained by
the State Government under the provisions of Part VII of this Act, but does not
include works for the removal of sewage from towns, villages or any other
habitat by whatever name it is known.; (8)
"field drain" includes drains and
other similar works constructed or maintained by land owners themselves; (9)
"outlet" means a structure along
with its appurtenant works fixed or constructed by the State Government on
minor, distributary or branch canal or main canal to receive water from canal
and to deliver it to fields through water course; (10)
"prescribed" means prescribed by
rules made under this Act; (11)
"shareholder" means a person or
tenant as defined in the Punjab Tenancy Act, 1887; (12)
"State Government" means the
Government of the State of Punjab in Department of Water Resources; (13)
"State tubewell" means a tubewell
hitherto constructed, maintained or controlled or which may be hereafter
constructed, maintained or controlled by the State Government or the Punjab
Water Resources Management and Development Corporation Limited, and includes
all mechanical and electrical appliances, tools and structures appertaining to
it and necessary for the abstraction of water from it; (14)
"temporary watercourse" means a
watercourse which has been supplying canal water and running for a period of
not less than six months. but which is not a watercourse as herein defined; (15)
"tubewell" means any device for
lifting water either from below the surface of the ground or from canal by
mechanical means operated otherwise than by human or animal power; (16)
"watercourse" means any channel or
pipeline including all its subsidiary works which is supplied with water from a
canal, but not maintained at the cost of the State Government, and is
sanctioned under this Act or is in existence under an agreement or by
prescription; (17)
"water user" means an individual or
body corporate or an association or a group, using water in a command area; (18)
"Water Users Association" means a
body of water users at a particular level of a canal system for flow as well as
lift irrigation; and (19)
"vessel" includes boats, rafts,
timber and other floating bodies. (1)
The State Government may, from time to time,
declare, by notification in the Official Gazette, the officers of the State
Government or of the Punjab Water Resources Management and Development
Corporation Limited, by whom, the matters in respect of which and the local
limits within which all or any of the powers or duties hereinafter conferred or
imposed shall be exercised or performed. (2)
All officers mentioned in clause (2) of
section 2 shall be subject to the orders of such officers as the State
Government may, from time to time, direct. PART 2 OF THE APPLICATION OF WATER FOR PUBLIC
PURPOSES (1)
Whenever it appears expedient to the State
Government that the water of any river or stream flowing in a natural channel,
or of any lake or other natural collection or still water, should be applied or
used by the State Government for the purposes of any existing or projected
canal or drainage work, the State Government may, by notification in the
Official Gazette, declare that the said water will be so applied or used after
a day to be named in the said notification. (2)
As soon as it is practicable after the issue
of such notification, the Collector shall cause public notice to be given in
the manner prescribed, stating that the State Government intends to apply or
use the said water. (3)
The persons affected by such notification
shall be entitled to lodge claims for compensation in respect of matters
mentioned in section 7 before the Collector. The State Government may, by
notification in the Official Gazette, prohibit installation of any tubewell
other than a State tubewell within a distance of, not exceeding 150 meters from
a State tubewell. At any time after the day so
named, any Canal Officer, acting under the orders of the State Government, may
enter on any land and remove any obstruction, close any channel, demolish any
tubewell and do any other thing necessary for the application or use of the
said water. The compensation may be
awarded for any damage caused for the following matters, namely:- (a)
stoppage or diminution of supply of water
through any natural channel to any defined artificial channel, whether above or
underground, in use at the date of the said notification; (b)
stoppage or diminution of supply of water to
any work erected for purposes of profit on any channel, whether natural or
artificial, in use at the date of the said notification; (c)
stoppage or diminution of supply of water
through any natural channel which has been used for purposes of irrigation
within five years next before the date of the said notification; (d)
damage done in respect of any right to a
water course of the use of any water to which any person is entitled under the
Limitation Act, 1963, Part IV; and (e)
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 being ascertained and
estimated at the time of awarding such compensation. In determining the amount
of such compensation, the procedure as per the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
shall be followed. PART 3 OF THE CONSTRUCTION AND MAINTENANCE OF
WORKS (1)
Any Canal Officer, or the 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 landmarks, 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 with the charge of the said Canal officer and where
otherwise such enquiry cannot be completed, such officer or other person may
cut down and clear away any part of any standing crop, fence or jungle; and may
also enter upon any land, building or watercourse on account of which any water
rate is chargeable, for the purpose of inspecting and regulating the use of
water- supply, or of measuring the lands irrigated thereby or chargeable with
water-rate, and of doing all things necessary for the proper regulation and
management of such canal: Provided that if such Canal
Officer or person proposes to enter into any building or enclosed court or
garden attached to a dwelling-house supplied with water flowing from any canal,
he shall previously give the occupier of such building, court or garden at
least seven days notice in writing of his intention to do so. However, he may
take any person(s) of that very locality along with him, if in any case such
person(s) is not available then Canal Officer may proceed forthwith, on his
own. (2)
In every case of entry under this section,
the 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 of the Collector and such decision shall
be final. (1)
In case of any accident happening or being
apprehended to a canal, any Canal Officer or any person acting under his
general or special orders in this behalf may enter upon any lands adjacent to
such canal and may execute all works which may be necessary for the purposes of
repairing or preventing such accident. (2)
In every such case, such Canal Officer or
person shall tender compensation to the proprietor(s) or occupier(s) of the
said lands for all damage done to the same. If such tender is not accepted by the
affected proprietor(s) or occupier(s) then he may apply to the Collector for
revision within thirty days. The Collector after getting report from the Canal
Officer shall proceed to award compensation as per the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. (3)
Any revision against the orders of the
Collector under sub-section (2) shall lie with the State Government to be filed
with ninety days of the order of the Collector. The State Government shall
decide the matter within ninety days after receipt of revision application,
whose decision shall be final. (1)
There shall be provided and maintained, at
the cost of the State Government, suitable means of crossing canals at such
places as the State Government thinks necessary for the reasonable convenience
of the inhabitants of the adjacent lands. (2)
On receiving a statement in writing, signed
by not less than twenty five of the owners of such lands adjacent to such
canal, to the effect that suitable crossings have not been provided on any
canal, the State Government shall cause an enquiry to be made into the
circumstances of the case, and if it thinks that the statement is established,
the State Government shall cause such measures in reference thereto to be taken
as it thinks proper. (3)
The State Government may issue a general
policy for bridge or ramps (fields paths, foot bridges etc.) on canal from time
to time as and when required. (1)
The Divisional Canal Officer may issue an
order to the persons using any watercourse 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 in use before the said
watercourse was made, or to repair any such works. (2)
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 persons to whom it is addressed do not, within the
said period, construct or repair such works to the satisfaction of the said
Canal Officer, he may, with the previous approval of the Superintending Canal
Officer, himself construct or repair the same; and if, the said persons do not,
when so required, 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 such persons as arrears of land revenue. (1)
If any person, jointly responsible with
others for the construction or maintenance of a watercourse, or jointly making
use of a watercourse with others, neglects or refuses to pay his share of the
cost of such construction as maintenance, or to execute his share of any work
necessary for such construction or maintenance, the Divisional Canal Officer,
on receiving an application in writing from any person injured by such neglect
or refusal, shall serve notice on all the parties concerned that, on the
expiration of a fortnight from the service, he shall investigate the case and
shall, on the expiration of that period, investigate the case accordingly, and
make such order thereon as he may deem fit. Such order shall be appealable to
the Superintending Canal Officer. (2)
An appeal shall lie to the Superintending
Canal Officer within a period of thirty days from the date of passing of the
order by the Divisional Canal Officer under sub-section (1) and the order of
the Superintending Canal Officer shall be final. (3)
Any sum directed by such order to be paid
within a specified period, may, if not paid within such period, and if the
order remains in force, be recovered by the Collector, from the persons
directed to pay the same, as arrears of land revenue. (1)
Notwithstanding anything contained to the
contrary in this Act but subject to the rules made and notification issued in
this regard, the Divisional Canal Officer may, on his own motion or on the
application of a shareholder or water user association, prepare a draft scheme
to provide for all or any of the matters, namely:- (a)
the construction, alteration, extension and
alignment of any watercourse or realignment of any existing watercourse; (b)
allotment of any new areas to a watercourse
or an outlet or re-allotment of areas served by one watercourse to another or
from one outlet to another, or for exclusion of an area, from an outlet or a
watercourse; (c)
construction of a new outlet, closing of an
existing outlet, shifting or modification of an existing outlet; Explanation:- Any change in
the design or size or both of an outlet, whose design or size or both have been
changed in an unauthorized manner, for restoring the same to its authorized
discharge shall not be deemed to be a modification; (d)
the lining or relining of any watercourse;
and (e)
any other matter which is necessary for the
proper maintenance and distribution of supply of water from a watercourse or an
outlet. (2)
Every scheme prepared under sub-section (1)
shall, amongst other matters, set out the estimated cost thereof, the alignment
of the proposed watercourse or realignment of the existing watercourse, as the
case may be, the site of the outlet and a sketch plan of the area proposed to
be covered by the scheme. (1)
Every scheme under this Part as soon as may
be, after its preparation, shall be published in such form and manner as may be
prescribed for inviting objections and suggestions in respect thereof within
fourteen days of its publication. (2)
After considering such objections and
suggestions, if any, the Divisional Canal Officer shall approve, modify or reject
the scheme within fourteen days from the date of the receipt of such objections
and suggestions, unless this period is extended by the Superintending Canal
Officer for good and sufficient reasons: Provided that in certain
cases, the prior approval of the Chief Canal Officer shall be obtained for
allowing an outlet with culturable command area (CCA) equal to or less than
hundred acres: Provided further that in
certain cases, the prior approval of the State Government shall be obtained for
allowing a new outlet on a main canal or branch canal. (1)
The Divisional Canal Officer shall, as soon
as may be, publish the fact of the rejection of scheme or the particulars of
the scheme approved or modified by him under sub-section (2) of section 14 in
the prescribed manner and call upon the shareholders or water user association
to implement it at their own cost within the period to be specified by him and
if the shareholder(s) or water user association fail to implement the same, he
shall undertake the construction or implementation of the scheme himself, and
recover the cost thereof from the shareholder(s) or water user association in
the manner and period to be specified by him. Any sum which remains unpaid,
within the specified period for this purpose, may be recovered by the Collector
from the defaulting person(s) as arrears of land revenue. (2)
An officer, not below the rank of
Sub-Divisional Canal Officer shall check the implementation of scheme at site. (3)
In case underground pipeline scheme if
shareholder(s) or water user association fail to implement the scheme, the
Divisional Canal officer may follow the procedure as per section 14-A and 14-B
of the Punjab Land Improvement Schemes Act, 1963, and recover the cost thereof
from the shareholder(s) or water user association in the manner and period to
be specified by him. Any sum which remains unpaid, within the specified period
for this purpose, may be recovered by the Collector from the defaulting
person(s) as arrears of land revenue. An appeal against the
decision of the Divisional Canal Officer under sub-section (2) of section 14
shall lie to the Superintending Canal Officer within thirty days from the date
of the publication of the scheme under section 15 whose decision shall be
final: Provided that no such order
shall be made without affording the person(s) affected an opportunity of being
heard and the orders of the Divisional Canal Officer shall not be stayed in
ordinary course. (1)
The Divisional Canal Officer may either of
his own motion or on the application of a shareholder, publish in the manner
prescribed a notice of his intention to acquire any land required for
implementation of the scheme. (2)
Any person interested in the land notified
under sub-section (1) may, within twenty-one days from the publication thereof,
apply to the Divisional Canal Officer by petition stating his objections to the
proposed acquisition of his rights. (3)
After considering the objections, the
Divisional Canal Officer may proceed to take the occupation of the land so
required on behalf of the shareholders. (4)
The Compensation, to be fixed by the
Divisional Canal Officer on the principles set out under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 shall be payable by the shareholders in proportion to
the culturable commanded area under the scheme held by each one of them to the
owner or occupier of any land for such acquisition and on failure of payment,
the amount of compensation shall be recoverable as arrears of land revenue. (5)
Any person aggrieved from the order of the
Divisional Canal Officer in respect of compensation may prefer an appeal,
within thirty days of the passing of the order to the Superintending Canal
Officer whose decision shall be final. On failure of any
shareholder or shareholders to execute the work within the period specified in
the notice under sub-section (1) of section 15, the Divisional Canal Officer
may proceed to carry out the work himself and the cost in proportion to the
culturable commanded area under the scheme held by such shareholders shall be
recoverable from the shareholders as arrears of land revenue. On execution of the scheme,
the Divisional Canal Officer shall by requisition in writing, direct the
shareholders to take over and maintain the watercourses and on failure of the
shareholders to comply with this direction, he shall, make arrangements for
maintenance of watercourse at the shareholders cost in proportion to the
culturable commanded area under the scheme held by them and the same shall be
recoverable as arrears of land revenue. (1)
If a person demolishes, alters, enlarges or
obstructs a watercourse or a temporary watercourse or causes any damage
thereto, any person affected thereby may apply to the Sub-Divisional Canal
Officer for directing the restoration of the same to its original condition. (2)
On receiving an application or otherwise
under sub-section (1), the Sub- Divisional Canal Officer may, after making such
enquiry as he may deem fit, require, by a notice in writing served on the
person found to be responsible for so demolishing, altering, enlarging,
obstructing or causing damage to restore, at his own cost, the watercourse or
temporary watercourse to its original condition within such period not
exceeding fourteen days, as may be specified in the notice. (3)
If such person fails to the satisfaction of
the Sub-Divisional Canal Officer, to restore the watercourse or temporary
watercourse to its original condition within the period specified in the notice
served on him under sub-section (2), the Sub-Divisional Canal Officer may cause
the watercourse or temporary watercourse to be restored to its original
condition and recover the cost incurred in respect of such restoration from the
defaulting person. The Sub-Divisional Canal Officer may order recovery of a sum
not exceeding rupees five thousand from the defaulting person by way of
penalty. In case the penalty is not paid, the same shall be recoverable as
arrears of land revenue. (4)
Any person aggrieved by the order of the
Sub-Divisional Canal Officer, may prefer an appeal, within thirty days of the
passing of such order before the Divisional Canal Officer, whose decision on
such appeal shall be final. (5)
Any sum which remains unpaid within a period
to be specified for this purpose by the Divisional Canal Officer may be
recovered as arrears of land revenue. Notwithstanding anything
contained in this Act or any other law for the time being in force, no civil
court shall have jurisdiction to entertain or decide any question relating to
matters falling under sections 13 to 20. PART 4 THE SUPPLY OF WATER The State Government may
allow supply of canal water for purposes other than irrigation. In the absence
of a written contract, every supply of canal water shall be deemed to be given
at the rates as notified by the Government and subject to the conditions
prescribed by the rules. (1)
The Divisional Canal Officer may stop the
supply of water to any watercourse, or to any person(s), within periods fixed
from time to time in the following cases, namely:- (a)
whenever it is necessary to stop such supply
for the purpose of executing any work ordered by the competent authority and
with the previous sanction of the Superintending Canal Officer; (b)
whenever and so long as any watercourse is
not maintained in such proper customary repair so as to prevent the wasteful
escape of water therefrom; and (c)
whenever water is not used for the purpose
for which it was being supplied. (2)
No claim shall be made against the State
Government for compensation in respect of loss caused by the failure or
stoppage or reduction of water in the canal, by reason of any cause beyond the
control of the State Government or of any repairs, alterations or additions to
the canal, or of any measures taken for the 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(s) suffering such
loss due stoppage of water for irrigation may claim remission of the water cess
payable for the use of the water as is authorized by the State Government. (3)
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 crop comes to maturity, but if it is to be supplied
for irrigation for two or more crops to be raised on the same land within the
year, such permission shall be held to continue for one year from the
commencement of the irrigation and to apply to such crops only as matured
within that year. (4)
If any written contract or agreement for the
supply of canal water has been made in which the period has not been
specifically mentioned, it shall be deemed to have been made for one year
unless such contract or agreement is renewed for another year: Provided that a contract or
agreement executed before the commencement of this Act, shall, continue for a
period as mentioned in such contract or agreement. (5)
No person, entitled to use the water of any
canal or any work, building or land appertaining to any canal, shall sell or
sublet or otherwise transfer his right to such use, without the permission of
the Superintending Canal Officer: Provided that the aforesaid
provision shall not apply to the use by a cultivating tenant the water supplied
to the owner for the irrigation of the land held by such tenant: Provided further that all
contract made between the State Government and the owner or occupier of any
immovable property as to the supply of canal water to such property, shall be
transferable therewith, and shall be presumed to have been so transferred
whenever a transfer of such property takes place. (6)
No right to the use of the water of a canal
shall be, or be deemed to have been acquired under the Limitation Act, 1963,
Part IV, nor shall the State Government be bound to supply any person with
water except in accordance with the terms of a contract in writing. (7)
Where the supplies are made under some
contract or agreement for specified purpose, the Divisional Canal Officer may
stop such supplies after giving notice to the person concerned and after
affording him an opportunity of being heard, on the ground that there is breach
of contract or agreement or the water is needed for the public purposes by the
State Government. PART 5 WATER RATES If water supplied through a
canal is used in an unauthorised manner, and if the person by whose act or
neglect such use has occurred cannot be identified, the person who has derived
or may derive benefit therefrom, shall be liable to the charges prescribed for
such use. If water supplied through a
watercourse or an outlet be suffered to run to waste and if, after enquiry by
the Sub-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 water supplied through such watercourse or an outlet
shall be jointly liable for the charges made in respect of water so wasted. (1)
All charges for the unauthorised use or waste
of water may be recovered in addition to any penalties incurred on account of
such use or waste. (2)
All questions, under sections 24 and 25,
including questions pending for disposal on the commencement of this Act shall
be decided by the Divisional Canal Officer. (3)
An appeal shall lie to the Superintending
Canal Officer against the decision of the Divisional Canal Officer empowered
under sub-section (2) within a period of thirty days from the date of such
decision. When canal or river water is
supplied to forts or other military buildings, cantonment, civil station,
cities, towns, railway, public garden or other places of public resort,
industrial units, power plants and bulk users, beverages and bolted water
industry, drinking water supply (including Railways and Army), fish pond and
brick making and water construction work or any other nonirrigation use either
by filing of tanks or by direct flow, contracts at special rates may be
accepted by the Divisional Canal Officer with the previous sanction of the
State Government. (1)
The State Government may levy a water cess on
the occupiers of land, who use canal water for the purposes of irrigation at
the rate to be determined by the State Government from time to time and such
occupiers, as accept the water, shall pay for water cess accordingly. Such
water cess shall be payable within such time and in such manner, as may be
prescribed. The water cess so collected, shall be used by the State Government
for maintenance and development of irrigation infrastructure. (2)
The rules herein before referred to may
prescribe and determine what persons or classes of persons are to be deemed to
be occupiers for the purposes of this section and may also determine the
several liabilities, in respect of the payment of water cess of tenants and of
persons to whom tenants may have sublet their lands or of proprietors and of
persons to whom proprietors may have let the lands held by them in cultivating
occupancy. Where a water-cess 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
for the recovery of other charges on such rents 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 day on which it becomes due, shall be recoverable from
the person liable for the same as arrears of land revenue. Except as otherwise
provided, nothing in sections 30 applies to fines. PART 6 CANAL NAVIGATION (1)
Any vessel entering or navigating any canal
contrary to the rules made in that behalf by the State Government, or so as to
cause danger to the canal or the other vessels therein, may be removed or
detained, or both removed and detained, by the Divisional Canal Officer, or by
any other person duly authorised in this behalf. (2)
The owner of any vessel causing damage to a
canal, or whose vessel has been removed or detained under this section, shall
be liable to pay to the State Government such sum as the Divisional Canal
Officer, with the approval of the Superintending Canal Officer, determines to
be necessary to defray the expenses of repairing such damage or of such removal
or detention, as the case may be. Any fine imposed under this
Act 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 be recovered either in the manner prescribed by
the Code of Criminal Procedure, 1973 or if the Magistrate imposing the fine so
directs, as though it were a charge on 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 so due,
together with all expenses and additional charges arising from such seizure and
detention, is paid in full. If any charge due under the
provision of this Part in respect of any cargo or goods carried in a Government
vessel 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 authorized to collect
the same, the Divisional Canal Officer may seize such cargo or goods and detain
them until the charge so due, together with all expenses and additional charges
arising from such seizure and detention, is paid in full. (1)
Within a reasonable time after any seizure
under section 34 or section 35, the said Canal Officer shall give notice to the
owner or person incharge 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, be sold in satisfaction of the
claim on account of which such property was seized, unless the claim be
discharged before the day so named. 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 nearly as may be, suffice to cover the amount due in respect of
such vessel, cargo or goods. (2)
The residue of such furniture, cargo or
goods, and of the proceeds of the sale, shall be made over to the owner or
person incharge of the property seized. (1)
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 lands or warehouses occupied for the purpose of canal, be left unclaimed
for a period of two months, the Divisional Canal Officer may take possession of
the same. The Officer so taking possession may publish a notice, in the manner
prescribed, that, if such vessel and its contents, or such cargo or goods, are
not claimed on or before the 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, contents, cargo or goods be not so claimed, he may, at any time after
the day named in the notice, proceed to sell the same. (2)
The said vessel and its contents and the said
cargo or goods if unsold, or, if a sale has taken a place, the proceeds of the
sale, after paying all tolls, charges and expenses incurred by the Divisional
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. (3)
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. PART 7 DRAINAGE Whenever it appears to the
State 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, the State Government may, by notification published in the
Official Gazette, prohibit within limit to be defined in such notification, the
formation of any obstruction, or may, within such limits, order the removal or
other modification of such obstruction. On the issue of such notification, so
much of the said river, stream or drainage-channel as is comprised within such
limits shall be held to be a drainage-work as defined in section 2. (1)
The Divisional Canal Officer, or other person
authorized by the State Government in that behalf, may, after such publication
issue an order to the person causing or having control over any such
obstruction to remove or modify the same within a time to be fixed in the
order. (2)
If within the time so fixed, such person does
not comply with the order, the said Canal Officer may himself remove or modify
the obstruction; and if the person to whom the order was issued does not, when
called upon, pay the expenses involved in such removal or modification, such
expenses shall be recoverable from him or his representative in interest as
arrears of land revenue. The provisions contained in
sections 13 to 21 shall apply mutatis mutandis to field drains. Whenever it appears to the
State 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, it may cause a scheme for such drainage works
to be drawn up and published by the Divisional Canal Officer, together with an
estimate of its cost which the State 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
the State Government to draw up such schemes may exercise all or any powers conferred
upon the Canal Officers under section 8. The cost, other than that
which is to be defrayed by the State Government, in respect of such scheme, may
be charged from the owners of all lands made chargeable under section 41 in
accordance with rules made by the State Government in this behalf. Such cost
either wholly or in part, may be recovered in kind of land or labour in the
manner prescribed by rules made in this behalf. Any sum certified by the
Divisional Canal Officer to be due under section 43 and which remain unpaid
after the expiry of the period during which it was payable, shall be
recoverable from the owner liable for the same as if it were an arrear of land
revenue. Whenever, in pursuance of a
notification made under section 38, any obstruction is removed or modified or
whenever any drainage-work is carried out under section 41, all claims for
compensation on account of any loss consequent on the removal or modification
of the said obstruction or the construction of such work may be made before the
Collector and he shall deal with the same in the manner provided in the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And
Resettlement Act, 2013. However, no compensation shall be paid to any illegal
structure which is constructed without any approval from any competent
authority of the State Government. No such claim shall be
entertained after the expiry of one year from the occurrence of the loss
complained of, or unless the Collector is satisfied that the claimant had
sufficient cause for not making the claim within such period. PART 8 JURISDICTION (1)
The Deputy Collector may, if in his opinion
it is necessary so to do, pass an order as to the use or distribution of water
from a watercourse amongst persons in any estate or a group of estates or in
any holding or group of holdings in such estate or estates: Provided that no such order
shall be passed by the Deputy Collector without making an inquiry into the
matter and without giving a notice to the persons interested that, on a day to
be named in such notice, he shall proceed to inquire into the said matter. (2)
Whenever a dispute or difference arises
between two or more persons in regard to their mutual rights or liabilities in
respect of the use, construction or maintenance of a watercourse, any such person
may apply in writing to the Deputy Collector stating the matter in dispute. (3)
On receipt of an application under
sub-section (2), the Deputy Collector shall give notice to the other persons
interested that, on a day to be named in such notice, he shall proceed to
enquire into the said matter, and after the inquiry he shall pass an order
thereon. (4)
An order passed under sub-section (1) or
sub-section (3) as to the use or distribution of water for any crop sown or
growing at the time when such order is made or with regard to the construction
or maintenance of a watercourse shall, subject to an order passed on appeal or
revision under subsections (5) and (6), be final. (5)
An appeal shall lie to the Divisional Canal
Officer against an order referred to in sub-section (4) within a period of
thirty days from the date of such order. (6)
The Superintending Canal Officer, within
whose jurisdiction the watercourse is situated, may, suo motu or on an
application made in this behalf by an aggrieved person, revise an order passed
in appeal by a Divisional Canal Officer under sub- section (5) : Provided that no such
application shall lie unless it is made within a period of thirty days from the
date of such order. (7)
No order passed under this section shall be
liable to be called in question in any civil court. The clerical or arithmetical
mistakes in an order passed by an officer under this Act arising from any
accidental slip or omission may, at any time, be corrected by the authority
concerned either of its own motion or on the application of any of the parties. Any officer empowered under
this Act to conduct any enquiry 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 enquiry shall be deemed to be a judicial
proceeding. Except as otherwise
provided, all claims against the State 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. PART 9 FORMATION OF WATER USER ASSOCIATION The State Government may, by
notification published in the Official Gazette, establish water user
associations (WUAs) to inculcate a sense of ownership amongst stakeholders. The
water user associations may assist Canal Officers for the following purposes, namely:- (a)
resolution of disputes amongst shareholders; (b)
preparing water conservation plans and
promote efficient use of surface water; (c)
preparation of demand and collection of water
cess.; (d)
recommending maintenance schedule for water
bodies; (e)
removing encroachment from the canal
infrastructure; (f)
schedule of releasing waters in canals; (g)
use of village ponds and drains for
irrigation purposes; (h)
identifying the sources of pollution and
taking appropriate action; and (i)
preparation and implementation of warabandi. PART 10 OFFENCES AND PENALTIES Whoever, without proper
authority, does any of the following acts, namely:- (a)
damages, alters, enlarges or constructs any
canal or drainage work; (b)
interferes with, increases or diminishes the
supply of water in or flow of water from, through, over or under any canal or
drainage work; (c)
interferes with or alters the flow of water
in any river or stream, so as to endanger, damage or render less useful any
canal or drainage-work; (d)
being responsible for the maintenance of a
watercourse, or using a watercourse, neglects to take proper precautions for
the prevention of waste of a water thereof, or interferes with the authorized
distribution of the water therefrom, or uses such water in an unauthorized
manner; (e)
causes any vessel to enter or navigate any
canal contrary to the rules for the time being prescribed by the State
Government for entering or navigating such canal; (f)
while navigating on any canal, neglects to
take proper precautions for the safety of the canal and of vessel thereon; (g)
corrupts or fouls the water of any canal; (h)
destroys or moves any level mark or water
gauge fixed by the authority of a public servant; (i)
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; (j)
violates any rule made under this Act for
breach whereof a penalty may be incurred; and (k)
disobeys any order passed under section 47.
shall, in respect of offences under clauses (a) to (j) are cognizable and be
liable, on conviction to a minimum fine of five thousand rupees but not
exceeding fifty thousand rupees or to imprisonment not exceeding six months or
to both. (1)
Whenever water for irrigation is used by any
person in an unauthorized manner and in respect of offences under clause (k) of
section 52, the Divisional Canal Officer, by an order, shall stop the supply
thereof to such person for full turns during the crop season. In case, any
person still continues to use water in an unauthorized manner, he shall be
excluded from the command area of the canal for a period of two years. (2)
An appeal against every order passed by the
Divisional Canal Officer shall lie to the Superintending Canal Officer. No
appeal shall be entertained, unless it is filed within a period of thirty days
from the date of communication of such order. (3)
When supply of water of the person who
violates as per subsection (1) is stopped, his share of canal water shall be
distributed equitably and proportionately amongst the other shareholders
falling in the cultural commanded area of the canal from where offender is
drawing canal water. Nothing herein contained
shall prevent any person from being prosecuted under any other law for any
offence punishable under this Act. (1)
No suit, prosecution or other legal
proceedings shall lie against any person in respect of anything which is in
good faith done or intended to be done in pursuance of this Act or any rules or
orders made thereunder. (2)
No suit or other legal proceedings shall lie
against the State Government or any other person in respect of any damage
caused or likely to be caused by anything which is in good faith done or
intended to be done in pursuance of this Act or rules or orders made
thereunder. 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 to the person injured by
such offence. Any person in charge of or
employed upon any canal or drainage work may remove from the lands or buildings
belonging thereto, 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:- (a)
willfully damages or obstructs any canal or
drainage work; and (b)
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 damage or render less useful any canal or
drainage-work. In this Part, the word canal
shall (unless there be something repugnant in the subject or context) be deemed
to include also all lands occupied by the State Government for the purpose of
canals, and all buildings, machinery, fences, gates and other erections, trees,
crops, plantations or other produce occupied by or belonging to the State
Government upon such lands. PART 11 SUBSIDIARY RULES If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by order
published in the Official Gazette, make such provisions or give such
directions, not inconsistent with the provisions of this Act, as appear to it
to be necessary or expedient for removing the difficulty. (1)
The State Government may, by notification
published in the Official Gazette, from time to time, make rules for carrying
out all or any of the purposes of this Act. (2)
In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for all or any of
the following matters, namely:- (a)
distribution and regulation of supply of
water; (b)
construction of new channels, extension of
existing channels, and abandonment of old channels; (c)
assessment and realization of water cess; (d)
utilization of water for purposes other than
irrigation; and (e)
any other matter which has been or may be
prescribed. (1)
The Northern India Canal and Drainage Act,
1873 (Central Act VIII of 1873), in its application to the State of Punjab, is
hereby repealed. (2)
Save as provided in sub-section (2) of
section 13 of this Act, such repeal shall not affect- (a)
any application, appeal or revision pending
before the commencement of this Act or filed thereafter against any order
passed before the commencement of this Act; and (b)
any right of appeal or revision, if any, in
respect of an order passed under clause (a), and such application, appeal or
revision shall be continued and disposed of by the competent authority under
the provisions of the repealed Act as if this Act had not been passed.The
Punjab Canal And Drainage Act, 2023