14. Power to enter and survey, etc. - Any Canal Officer or other 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 subsoil;
and make and set up suitable land-marks, level-marks and water-guages;
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;
15. Power to enter for repairs and to prevent accidents. - In case of any
accident happening or being apprehended to a canal any Divisional 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 purpose of repairing or preventing such accident.
Compensation for damage to land. - In every such case such Canal Officer or
person shall tender compensation to the proprietors or occupiers of the said
lands for all damage done to the same. If such tender is not accepted, the Canal
Officer shall refer the matter to the Collector, who shall proceed to award
compensation for the damage as though the State Government had directed the
occupation of the land under section forty-three of the Lands Acquisition Act,
1870.
16. Omitted vide Act XXIII of 1965.
17. State Government to provide means of crossing canals. - There shall be
provided, at the cost of the State Government, suitable means of crossing canals
constructed or maintained at the cost of the State Government at such places as
the State Government thinks necessary for the reasonable convenience of the
inhabitants of the adjacent lands.
On receiving a statement in writing signed by not less than five of the owners of
such lands, to the effect that suitable crossing have not been provided on any
canal, the Collector shall cause enquiry to be made into the circumstances of the
case and if he thinks that the statement is established, he shall report his opinion
thereon for the consideration of the State Government and the State Government
shall cause such measure in reference thereto to be taken as it thinks proper.
18. Persons using watercourse to construct works for passing water across
roads, etc. - The Divisional Canal Officer may issue an order to the persons
using any water-course to construct suitable bridges, culverts or other works for
the passage of the water of such of water-course across any public road, canal or
drainage channel in use before the said water-course was made, or to repair any
such works. Such order shall specify a reasonable period within which such
construction or repairs shall be completed;
If they fail Canal Officer may construct . - and if after the receipt of said 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 recover cost. - 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
them by the Collector as if it were an arrear of land revenue.
19. Adjustment of claims between persons jointly using water-course. - 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 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 will
investigate the case, and shall on the expiration of that period investigate the
case accordingly, and make such order thereon as to him seems fit.
Such order shall be appealable to the Commissioner, whose order
thereon shall be final.
Recovery of amount found due. - Any sum directed by such order to be paid
within a specified period may, if not paid within such period and if the order
remains in force, be recovered by the Collector from the person directed to pay
the same, as if it were an arrear of land revenue.
20. Supply of water through intervening water-course. - Whenever
application is made to a Divisional Canal Officer for supply of water from a canal
and it appears to him expedient that such supply should be given and that it
should be conveyed through some existing water-course, he shall give notice to
the 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 condition 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
water-course.
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 watercourse as the Divisional or Superintending Canal Officer may determine.
Such applicant shall also be liable for his share of the cost of maintenance
of such water-course so long as he uses it.
21. Omitted by Punjab Act 23 of 1965.
22. Omitted by Punjab Act 23 of 1965.
23. Application for transfer of existing water-course. - Any person desiring
that an existing water-course should be transferred from its present owner to
himself, may apply in writing to the Divisional Canal Officer, stating, -
(1) that he has endeavoured unsuccessfully to procure such transfer from the
owner of such water-course;
(2) that he desires the said Canal Officer, in this behalf and at his cost, to do
all things necessary for procuring such transfer;
(3) that he is able to defray the cost of such transfer.
Procedure thereupon. - If the Divisional Canal Officer considers -
(a) that the said transfer is necessary for the better management of the
irrigation from such water-course; and
(b) that the statements in the application are true, he shall call upon the
applicant to make such deposits as the Divisional Canal Officer 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 deposits being made, he shall publish a notice of the application
in every village, and shall send a copy of the notice of the Collector of every
district through which such water-course passes.
24. Objections to transfer applied for. - Within twenty-one days from the
publication of a notice under section 23, any person interested in the watercourse to which the notice refers may apply to the Collector by petition stating,
his objection to the transfer for which application has been made.
The Collector 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 Collector shall record in writing all orders passed by him under this
section, and the grounds thereof.
25. When applicant may be placed in occupation. - If no such objection is
made, or (where such objection is made), if the Collector overrules it, he shall
give notice to the Divisional Canal Officer to that effect, and shall proceed
forthwith to place the said applicant in occupation of the water-course to be
transferred.
26. Procedure when objection is held valid. - If the Collector considers any
objection made as aforesaid to be valid he shall inform the Divisional Canal
Officer accordingly.
27. Procedure when Canal Officer disagrees with the Collector. - If the Canal
Officer disagrees with the Collector, the matter shall be referred for decision to
the Commissioner.
Such decision shall be final, and the Collector, if he is so directed by such
decision, shall, subject to the provisions of section twenty-eight, cause the said
applicant to be placed in occupation of the water-course to be transferred.
28. Expenses to be paid by applicant before receiving occupation. - No such
applicant shall be placed in occupation of such water-course until he has paid to
the person named by the Collector such amount as the Collector determines to
be due as compensation for the water-course so transferred, together with all
expenses incidental to such transfer.
Procedure in fixing compensation. - In determining the compensation to be
made under this section, the Collector shall proceed under the provisions of the
Land Acquisition Act, 1870, but he may if the person to be compensated so
desires, award such compensation in the form of a rent charge payable in respect
of the water-course 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 Collector 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.
29. Condition binding on applicant placed in occupation of water-course. -
When any such applicant is placed in occupation of a water-course as aforesaid
the following rules and conditions shall be binding on him and his representatives
in interest :-
First. - All works necessary for the passage across such water-course existing
previous to its construction and of the drainage intercepted by it, and for affording
proper communications across it for the convenience of the neighbouring lands,
shall be constructed by the applicant, and be maintained by him or his
representative in interest to the satisfaction of the Divisional Canal Officer.
Second. - Land occupied for the water-course shall be used only for the purpose
of such water-course.
In cases in which a water-course is transferred on the terms of a rent- charge.
Third. - The applicant or his representative in interest shall, so long as he
occupies such water-course pay rent for the same at such rate and on such days
as are determined by the Collector when the applicant is placed in occupation.
Fourth. - The Collector may, on the application of the person entitled to receive
such rent or compensation, determine the amount of rent due or assess the
amount of such compensation; and if any such rent or compensation be not paid
by the applicant or his representative in interest, the Collector may recover the
amount with interest thereon at the rate of six per centum per annum from the
date on which it became due, as if it were an arrear of land revenue, and shall
pay the same, when recovered, to the person to whom it is due.
If any of the rules and conditions prescribed by this section are not
complied with, or
If any water-course transferred under this Act, is disused for three years
continuously, the right of the applicant, or of his representative in interest, to
occupy such water-course shall cease absolutely.
30. Omitted by Punjab Act 23 of 1965, Section 2.
30A. Preparation of draft scheme. - (1) Notwithstanding anything contained to
the contrary in this Act and subject to the rules prescribed by the State
Government in this behalf the Divisional Canal Officer may on his own motion or
on the application of a shareholder prepare a draft scheme to provide for all or
any of the matters namely:-
(a) the construction, alteration, extension and alignment of any water-course
or re-alignment of any existing water-course;
(b) re-allotment of areas served by one water-course to another;
(c) the lining of any water-course;
(cc) the occupation of land for the deposit of soil from water- course
clearances;
(d) any other matter which is necessary for the proper maintenance and
distribution of supply of water from a water-course.
(2) Every scheme prepared under sub-section (1) shall amongst other matters,
set out the estimated cost thereof, the alignment of the proposed water-course or
re-alignment of the existing water-course, as the case may be, the site of the
outlet, the particulars of the share-holders to be benefited and other persons who
may be affected thereby and a sketch plan of the area proposed to be covered by
the scheme.
30B. Publication of a scheme. - (1) Every scheme shall, as soon as may be
after its preparation, be published in such form and manner as may be prescribed
by rules made in this behalf inviting objections and suggestions with respect
thereof within twenty-one days of the publication.
[(2) The Divisional Canal Officer may after considering the objections and
suggestions, if any, approve, modify or reject scheme.
(3) The Superintending Canal Officer may suo motu within a period of thirty days
from the date of publication under section 30-C or on an application, by a person
aggrieved by the approval, modification or rejection of the scheme, made within a
like period, call for the record of the scheme from the Divisional Canal Officer and
may after examining the same, confirm the action taken by the Divisional Canal
Officer or may, after affording to the person affected an opportunity of being
heard, approve or modify the scheme in such form as he may deem fit or may
reject the same.]
30C. Publication of scheme. - The Divisional Canal Officer shall, as soon as
may be publish the particulars of the scheme, as approved or modified by him
under sub-section (2) of section 30-B or by the Superintending Canal Officer
under sub-section (3) of that section as the case may be, in the prescribed
manner and call upon share-holders to implement it at their own cost within the
period to be specified therein :
Provided that where the scheme has been rejected under sub- section (2) of
section 30-B the fact that it has been rejected shall also be published in the
prescribed manner :
Provided further that where the record of the case has been called by the
Superintending Canal Officer, under sub-section (3) of section 30-B, the shareholders shall not be called upon to implement the scheme till the Superintending
Canal Officer has finally disposed of the matter.
30D. Publication of notice of intention to acquire land. - (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
fifteen 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 share-holder.
(4) Compensation, to be fixed by the Divisional Canal Officer on the principles set
out under section 23 of the Land Acquisition Act, 1894, shall be payable by the
share-holders 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 shall be recoverable as arrears
of land revenue.
A person aggrieved from the order of the Divisional Canal Officer in respect of
compensation may prefer an appeal within thirty days of the passing the order to
the Collector whose decision shall be final.
30E. Cost of execution of works to be met by share-holders. - On failure of
any share-holder to execute the work within the period specified in the notice
under section 30-C 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 them shall be recoverable from the share-holders as arrears
of land revenue.
[30F. Maintenance of water-course to be done by share-holders.] - (1) On
execution of the scheme, the Divisional Canal Officer shall, by requisition in
writing, direct the share-holders to take over and maintain the water-course.
(2) Where after taking over the water-course in terms of the directive issued
under sub-section (1) the share-holders fail to maintain the same accordingly, the
Divisional Canal Officer shall arrange to carry out the necessary repairs at the
cost of the share-holders and for that purpose he shall recover in advance an
amount to cover the cost of repairs tentatively determined by him from the shareholders in proportion to the culturable commanded area held by them under the
scheme.
(3) As soon as after the completion of the repairs carried out under sub- section
(2), the Divisional Canal Officer shall work out or cause to be worked out the
actual cost of the repairs.
(4) If the actual cost worked out under sub-section (3) exceeds the amount
tentatively recovered under sub-section (2) the difference shall be recoverable
from the share-holders in the proportion to the culturable commanded area held
by them under the scheme and if any balance remains with the Divisional Canal
Officer, it shall be refunded to the share-holders in the same proportion.
(5) Any amount recoverable from the share-holders under this section may be
recovered as arrears of land revenue.
[30FF. Alteration of a water-course or damage thereto be made good by the
person responsible for it.] - (1) If a person demolishes, alters, enlarges or
obstructs [a water-course or a temporary water- course] or causes any damage
thereto, any person affected thereby may apply to the Divisional Canal Officer for
directing the restoration of [the water-course or the temporary water-course]to its
original condition.
(2) On receiving an application under sub-section (1) the Divisional Canal Officer
may, after making such enquiry as he may deem fit, require by a notice in writing
served on the person found to be responsible for so demolishing, altering,
obstructing or causing damage, to restore at his own cost, [the water-course or
the temporary water- course] to its original condition within such period as may
be specified in the notice.
(3) If such person fails, to the satisfaction of the Divisional Canal Officer, to
restore [the water-course or temporary water-course to its original condition
within the period specified in the notice served on him under sub-section (2) the
Divisional Canal Officer may cause [the water-course or the temporary watercourse to be restored to its original condition and recover the cost incurred in
respect of such [restoration along with a penalty not exceeding one thousand
rupees as may be imposed by the Divisional Canal Officer] from the defaulting
person.
(4) Any person aggrieved by the order of the Divisional Canal Officer, may prefer
an appeal within thirty days of the passing of such order to Superintending Canal
Officer whose decision on such appeal shall be final.
(5) Any sum which remains unpaid within a period to be specified for this purpose
by the Divisional Canal Officer may be recovered by the Collector from the
defaulting person as if it were an arrear of land revenue.]
30G. Bar of Jurisdiction of Civil Court. - 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
section 30-A to [30-FF.]