Updated: Thursday December 12, 2013/AlKhamis
Safar 09, 1435/Bruhaspathivara
Agrahayana 21, 1935, at 06:31:11 PM
[1][1]The Punjab Minor Canals Act, 1905
[2][2](Punjab Act III of 1905)
[1 June 1905]
An
Act to make better provision for the control and management of minor canals in [3][3][certain areas of
WHEREAS
it is desirable to make better provision for the exercise of control over and
for the regulation of the management of certain minor canals in [4][4][certain areas of
It
is hereby enacted as follows:---
CHAPTER
I
PRELIMINARY
1. Short title and local extent.— (1) This Act may be called the Punjab Minor
Canals Act of 1905.
[5][5][(2) It
extends to the Divisions of Rawalpindi,
2. Operation of Act.— (1) The provisions of this Act shall apply
to the extent and in the manner hereinafter provided to every canal specified
in either Schedule I or Schedule II as the case may be.
(2) At any time after the commencement of this
Act, the [6][6][Provincial Government] may, from time to
time by notification,---
(a) include any canal under either Schedule I or
Schedule II, as the case may be, or transfer a canal from one Schedule to the
other Schedule, and thereupon the provisions of this Act applicable to canals
included under such Schedule, or such of the said provisions as the [7][7][Provincial Government] may direct, shall apply to such
canal; or
(b) exclude from the operation of this Act any canal which now is, or
hereafter may be, included under either Schedule I or Schedule II:
Provided that no canal shall be included under Schedule
1, unless,---
(a) it
is owned in whole or in part by [8][8][Provincial Government] or
(b) is,
at the commencement of this Act, managed by [9][9][Servants of the State] or by any local
authority, or
(c) is
situate partly within and partly without the territories to which this Act
extends, or
(d) has
been included under Schedule II and is transferred to Schedule I [10][10][by direction of the Provincial Government].
(3) The [11][11][* * *] Canal and Drainage Act, 1873[12][12], shall not apply to any canal which is for
the time being included under either Schedule I or Schedule II.
3. Definitions.— In this Act, unless there is something repugnant
in subject or context,---
(i) “Record-of-Rights” and “Revenue Officer” have
the meanings assigned to them respectively in the [13][13]Punjab Land Revenue Act, 1887;
(ii) “Canal” means any canal, natural or
artificial channel or line of natural drainage or any reservoir, dam or
embankment constructed, maintained or controlled for the supply or storage of
water or the protection of land from flood or sand, and includes [14][14][any portion of a canal or] any water-course or
subsidiary works as defined in this section;
(iii) “Collector” 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 Collector;
(iv) “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;
(v) “Construction” and “construct” include any
alteration which would materially extend the area irrigable by a canal or any
other alteration of material importance or the renewal of a canal after disuse
for six years, but do not include the re-excavation of a canal-head which has
been temporarily abandoned owing to a change in the river, the excavation of a
new head necessitated by a change in the river or a change of water-courses to
render existing irrigation more efficient;
(vi) “Creek” means any channel of a river other
than the main channel through which the water of the river would, unless
obstructed by deposit of silt, naturally flow at some period of the year;
(vii) “District” means a district as fixed for
revenue purposes;
(viii) “Irrigator” means in respect of any land
which is irrigated from a canal any person for the time being directly deriving
benefit by such irrigation, and includes a land-owner or occupancy tenant of
such land;
(ix) “Labour” includes labourers, cattle and
appliances necessary for the execution of the work for which labour is to be
supplied;
(x) “Mill” means any contrivance whereby the
water power of any canal is used for grinding, sawing or pressing, or for
driving or working machinery or for any other similar purpose, and includes all
subsidiary works and structures connected with any such contrivance except the
canal itself;
(xi) “Subsidiary works” means all works required
for the control or maintenance of the supply to a canal or for the maintenance
of a canal in proper condition or for the regulating of the irrigation therefrom
or for the prevention of floods or for the provision of proper drainage, in
connection with such irrigation, and includes also the land required for such
works;
(xii) “Water-course” means any channel which is
supplied with water from a canal and which is maintained at the cost of the
irrigators, and includes all subsidiary works connected with such channel
except the sluice or outlet through which water is supplied to such channel;
(xiii) “Water-due” means whatever is payable to
Government in cash or kind by the owner of a canal for the diversion by such
owner for the purposes of such canal or the water of any river, creek or stream
flowing in a natural channel or of any lake or other natural collection of
water;
(xiv) “Water-rate” means the charge made for canal
water, other than a water-due or canal advantage land-revenue rate.
CHAPTER
II
CONSTRUCTION
OF CANALS AND WATER-DUES
4. Prohibition against construction of
canals without permission.—
When the [15][15][Provincial Government] has notified in this
behalf any natural channel, lake or other collection of water, no person shall,
without permission previously obtained in the manner prescribed in the section
next following, construct a canal intended to be fed from any such channel,
lake or other collection of water:
Provided
that nothing in this section shall apply to the construction of a water-course
from an existing canal.
5. Application for permission and
procedure thereon.— (1) Any
person desiring to construct a canal intended to be fed from any source of
supply which has been notified by the [16][16][Provincial Government] under section 4, may
apply, in writing, to the Collector, for the permission prescribed in that
section.
(2) Every application under sub-section (1)
shall be in such form and shall contain such particulars as the [17][17][Provincial Government] may prescribe in that
behalf.
6. Power of Collector to construct canal
from notified source of supply.— (1) When a source of supply has been notified by the [18][18][Provincial Government] under section 4 and
the Collector considers that the construction of a canal to be fed therefrom
will be advantageous, he shall give notice by general proclamation to all
persons interested of his intention to construct such canal.
(2) If no objection to the construction of
such canal shall have been preferred within a period to be specified in the
notice under sub-section (1), or if any such objection has been preferred
within the said period, but has been finally over ruled, the Collector may
proceed to construct such canal.
(3) The provisions of sections 50 and 63
shall apply to all proceedings of the Collector under sub-section (1) of this
section and under the preceding section, and the powers conferred upon the
Collector by this and the preceding section shall be exercised subject to such
sanction as the [19][19][Provincial Government] may prescribe and in
accordance with the rules made by such Government.
7. Power to prohibit the unauthorised
construction of and to close unauthorised canal.— (1) If any person, without the permission
necessary under sections 4 and 5 of this Act, or contrary to any of the
conditions of such permission, commences to construct or proceeds with the
construction of any canal, the Collector may, at any time, by order in writing,
prohibit such person, and by general proclamation, all other persons, from
continuing the construction thereof:
Provided
that, unless in the case of construction which would materially extend the area
irrigable by canal, no such order or proclamation, as the case may be, shall be
made or issued in respect of any canal which, at the time when it is proposed
to make or issue such order or proclamation, has been used for irrigation for a
period of three years without interruption other than such as was due to natural
causes beyond the control of the person aforesaid.
(2) If any
person shall, at any time after the commencement of this Act, construct a canal
without the permission necessary under sections 4 and 5 of this Act, the
Collector may, with the previous sanction of the [20][20][Provincial Government], close it and shut off the
supply of water thereto, and, may further, by order in writing, prohibit such
person, and by general proclamation, all other persons, from maintaining,
repairing or renewing such canal or continuing to use the water thereof.
8. Water-dues.— (1) Subject to the conditions, if any,
imposed or agreed to by the [21][21][Provincial Government], such Government may
assess and levy water-dues in respect of—
(i) canals made after the commencement of this
Act;
(ii) canals made before the commencement of this
Act—
(a) when the right to, or question of, water-dues has been expressly
reserved by such Government, or
(b) when the conditions upon which the owner of the canal has been
allowed to use the water have been agreed on for a term and that term has
expired, or
(c) when such water-dues were already levied at the commencement of
this Act.
(2) The demand on account of water-dues shall be
assessed for a term of years, and shall be limited to an amount not exceeding
one-quarter of the net profits which are likely to accrue to the owner of the
canal during that term.
CHAPTER
III
PROVISIONS
APPLICABLE TO
CANALS
UNDER SCHEDULE I
9. This Chapter applicable only to canals
under
10. General
powers of Collector.— (1) Notwithstanding the existence of any rights in or
over a canal or water-course, the Collector may,---
(a) exercise
all powers of control, management and direction for the efficient maintenance
and working of such canal or for the due distribution of the water thereof; and
(b) whenever
and so long as any water-course, sluice or outlet is not maintained in proper
customary repair, or any water-course, sluice or outlet through which water is
supplied to any person, or, in the case of a sluice or outlet, to any
water-course or any person, is subjected to wilful damage or wrongful
enlargement, stop the supply of water to such water-course, sluice or outlet or
to any person.
(2) No claim shall be enforceable against the [23][23][Provincial Government] for compensation in
respect of loss caused by any order passed under sub-section (1), but any
person suffering loss by reason of any order passed under sub-section (1) (a)
may claim such remission of the ordinary charges payable for the use of the
water as is authorised by the [24][24][Provincial Government]:---
Provided
that if any right to water entered in a record of rights prepared or revised
under section 28 (1) or deemed under section 28(3) to have been made under this
Act or admitted in any agreement between the [25][25][Provincial Government] and any person is
substantially diminished in consequence of action taken under sub-section (1)
(a) the Collector shall award compensation under section 55 to such person in
respect of the diminition of his right.
(3) No right to the use
of the water of canal shall be, or be deemed to have been, acquired under the [26][26]Indian Limitation Act, 1887, nor shall the [27][27][Provincial Government] be bound to supply any
person with water.
11. Power of
Provincial Government to suspend or extinguish rights in or over any scheduled
canal on payment of compensation.— (1) The [28][28][Provincial Government] may at any time suspend
or extinguish any right to which any person is entitled in or over any canal if
the exercise of such right is prejudicial to the interests of other irrigators
or to the good management, improvement or extension of the canal.
(2) In every such case the [29][29][Provincial Government] shall cause to be
paid to the person whose right is suspended or extinguished, compensation to be
assessed by the Collector under section 55. In assessing compensation for the
purposes of this section, the Collector shall also have regard to the character
of the right, the period during which it has been enjoyed and the damage likely
to be occasioned by its suspension or extinction.
12. Power to enter and survey, etc. Power to
clear land. Power to inspect and regulate water supply.— The Collector or other person acting under
the general or special orders of the Collector may enter upon any land 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
inquiry relating to any existing or projected canal under the charge of the
said Collector;
and where otherwise such inquiry cannot be completed, the Collector or
such 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 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 measuring the land irrigated
thereby or chargeable with a water-rate, and of doing all things necessary for
the proper regulation and management of such canal:
Notice of intended entry into
houses.—Provided that, if
such Collector 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 shall 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
entry.—In every case of
entry under this section, the Collector shall, upon application made to him in
this behalf, assess and pay compensation for any damage which may be occasioned
by any proceeding under this section.
13. Power to enter for repairs and to prevent
accidents.— In case of any
accident happening or being apprehended to a canal, the Collector 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, the Collector shall, upon application made to him in this
behalf, assess and pay compensation under section 55, for any damage which may
be occasioned by any proceeding under this section.
14. Power to occupy land adjacent to canal for
depositing soil from canal and to excavate earth for repairs to the banks and
compensation for damage.—
(1) The Collector or any person acting under his general or special orders in
this behalf may, within such distance from the canal as the [30][30][Provincial Government] may by rule
determine, occupy land adjacent to any canal for the purpose of,---
(a) depositing upon it soil excavated from the
canal, or
(b) excavating from it earth for repairs to the
canal.
The
Collector shall, upon application made to him in this behalf, assess and pay
compensation for any damage which may be occasioned by any proceeding under
this section.
(2) The owner of any land which has been occupied
after the commencement of this Act for any purpose under sub-section (1) and
has remained in such occupation for a period exceeding three years may require
that such land shall be permanently acquired in accordance with the provision
of section 44.
15. Supply of
water through intervening water-course.— Whenever application is made to a Collector for
a 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 inquiry on such day, the Collector shall determine
whether and on what conditions the said supply shall be conveyed through such
water-course.
The
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 Collector 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.
16. Application for construction of new
water-course.— Any person
desiring the construction of a new water-course may apply in writing to the
Collector, stating—
(i) that he has endeavoured unsuccessfully to
acquire from the owners of the land through which he desires such water-course
to pass, a right to occupy so much of the land as will be needed for such
water-course;
(ii) that he desires the Collector, in his behalf
and at his cost, to do all things necessary for acquiring such right;
(iii) that he is able to defray all costs involved
in acquiring such right and constructing such water-course.
17. Procedure of Collector thereupon.— If the Collector considers,---
(i) that the construction of such water-course is
expedient, and
(ii) that the statements in the application are
true;
he shall call upon the applicant to make such
deposit as the Collector considers necessary to defray the cost of the
preliminary proceedings, and the amount of any compensation which he considers
likely to become due under section 20;
and, upon such deposit being made, he shall
cause enquiry 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.
18. Application for transfer of existing
water-course.— Any person
desiring that an existing water-course should be transferred from it's present
owner to himself, may apply in writing to the Collector stating,---
(i) that he has endeavoured unsuccessfully to
procure such transfer from the owner of such water-course;
(ii) that he desires the Collector, in his behalf,
and at his cost, to do all the things necessary for procuring such transfer;
(iii) that he is able to defray the cost of such
transfer.
Procedure thereupon.— If the Collector
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
deposit as the Collector 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 20 in respect of such transfer,
and, upon such deposit being made, he shall
publish notice of the application in every village affected.
19. Inquiry into,
and determination of, objections to construction or transfer of water-course.— (1) When within thirty
days from the publication of a notice under section 17 or section 18, as the
case may be, any person, interested in the land or water-course to which the
notice refers, applies to the Collector as aforesaid, stating his objection to
the construction or transfer for which application has been made, the Collector
shall give notice to the other persons interested that, on a day to be named in
such notice or any subsequent day to which the proceedings may be adjourned he
will proceed to inquire into the matter in dispute or into the validity of such
objections as the case may be.
(2) Upon the day so named or any such subsequent
day as aforesaid, the collector shall proceed to hear and determine the dispute
or the objection as the case may be.
20. Expenses to
be paid by applicant for construction or transfer of water-course before
receiving occupation.— No applicant under section 16 or section 18, as the case
may be, shall be placed in occupation of such land or 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 land or water-course so occupied
or transferred, and for any damage caused by the marking out or occupation of
such land, together with all expenses incidental to such occupation or
transfer.
Procedure in fixing compensation.— Compensation to be made under this section
shall be assessed as provided in section 55, but the Collector may, if the
person to be compensated so desires, award such compensation in the form of a
rent-charge payable in respect of the land or water-course 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 Collector, and shall, when recovered, be paid by him to the
person entitled to receive the same.
21. Conditions binding on applicant placed in
occupation.— (1) When any
such applicant has duly complied with the conditions laid down in section 20,
he shall be placed in occupation of the land or water-course as aforesaid, and
the following rules and conditions shall be thereafter binding on him and his
representative in interest:-
(a) In all cases,
First— All
works necessary for the passage across such water-course or 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 Collector.
Second— Land occupied for a water-course under the provisions of section 17
shall be used only for the purposes of such water-course.
Third— The
proposed water-course shall be completed to the satisfaction of the Collector
within one year after the applicant is placed in occupation of the land.
(b) 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 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.
Fifth— If the right to occupy the land ceases owing to a breach of any of
these rules, the liability to pay the said rents 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 person as the Collector
determines.
Sixth— 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 cent per annum from the date on which it became
due, and shall pay the same, when recovered, to the person to whom it is due.
(2) If any of the rules and conditions prescribed
by this section are not complied with, or if any water-course constructed or
transferred under this Act is disused for three years continuously, the right
of the applicant, or of his representative in interest, to occupy such land or
water-course shall cease absolutely.
22. Construction of outlets from canals by
Collector.— The Collector
may construct or repair or alter a sluice or outlet to regulate the supply of
water from a canal to any water-course.
23. Power to convert several water-courses
running for a long distance side by side into one water-course.— (1) In cases where there are water-courses
running side by side or so situated as to interfere with the economical use or
proper management of the water-supply, the Collector, if applied to for that
purpose, or on his own motion may require the owners to make arrangements to
his satisfaction to unite the water-courses or to substitute for them such
system as may have been approved by him.
(2) If the owners fail within such time as the
Collector may fix to comply with any order passed by him under sub-section (1)
the Collector may himself execute the work.
(3) Whenever a water-course has been
reconstructed or a new system substituted under sub-section (1) or sub-section
(2), the Collector may fix the shares in which the water shall be enjoyed by
the persons entitled to use the water-course.
24. Procedure applicable to occupation for
extensions and alterations.—
The procedure hereinbefore provided for the occupation of land, for the
construction of a water-course 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.
25. Costs of executing works under section 22 or
section 23, by whom payable.—
In every case under section 22 or section 23, the cost of executing or
completing the work shall be payable by such person or persons deriving benefit
from the water-course as the Collector may in each case determine.
26. Power of
Provincial Government to direct supply of labour by irrigators.— The [31][31][Provincial Government] may, by notification,
direct that the irrigators from any canal or any two or more adjacent canals
shall be bound to furnish labour free of cost to Government for the purpose of
effecting the annual silt clearance of such canal or canals or of maintaining
such canal or canals, in a state of efficiency or of executing any work
necessary thereto, in either of the following cases namely:-
(a) whenever
such irrigators are bound, by a condition entered in the record-of-rights of
such canal or canals or of the estates supplied with water therefrom or by
established custom, to furnish such labour, or
(b) whenever
the land-owners who are responsible for the payment of more than half the
land-revenue assessed on the land irrigated from such canal, or canals, agree
to undertake to supply such labour.
27. Powers of Collector upon issue of
notification under section 26.—
Upon the issue of a notification under section 26 the Collector may, from time
to time, by general or special order,—
(a) determine
the amount of labour to be provided or the amount of work to be performed by
each irrigator;
(b) regulate the attendance, distribution and
control of the labourers provided or the manner of the performance of the work;
(c) assess and recover the cost of such labour
from any person who fails to comply with an order passed under this section;
and
(d) fund
all costs so recovered and expend them on the provision of hired labour for any
of the canals to which the notification applies, or subject to the provisions,
if any, of a record of rights specified, in section 26 or section 28, on any
other purpose connected with the well-being thereof:
Provided
that the costs assessed as aforesaid shall not exceed [32][32]eight annas for each day's labour of each of
the labourers in respect of whom default has occurred.
28. Power to prepare record for canal.— (1) The Collector shall, whenever the [33][33][Provincial Government] may, by special order
or by the rules made under the authority of this Act, so direct, prepare or
revise of any canal a record showing all or any of the following matters,
namely:-
(a) the
custom or rule of irrigation;
(b) the
rights to water and the conditions on which such rights are enjoyed;
(c) the
right as to the erection, repair, re-construction and working of mills, and the
conditions on which such rights are enjoyed; and
(d) such
other matters as the [34][34][Provincial Government] may by rule prescribe
in this behalf.
(2) Entries in the record so prepared or revised shall
be relevant as evidence in any dispute as to the matters recorded and shall be
presumed to be true until the contrary is proved or a new entry is lawfully
substituted therefor:
Provided
that no such entry shall be so construed as to limit any of the powers
conferred on [35][35][the Provincial Government] by this Act.
(3) When a record showing all or any of the
matters enumerated in sub-section (1) has been framed at any settlement of the
land revenue already sanctioned by [36][36][the Provincial Government] and has been
attested by a revenue officer, such record shall be deemed to have been made
under this section.
(4) Every person interested shall be bound to
furnish to the Collector, or to any person acting under the direction of the
Collector, all information necessary for the correct preparation of a record
under this section.
(5) The provisions of Chapter IV of the [37][37]
29. Levy of water
rates.—
(1) Subject to the terms of any agreement made by it with the owners or
irrigators, the [38][38][Provincial Government] may, by notification,
direct that a rate or rates shall be levied for the use of water of a canal in
an authorised manner.
(2) The [39][39][Provincial Government] may, by notification,
also impose a special rate for water obtained or used without authority or in
an unauthorised manner.
(3) The rate or rates imposed under sub-section
(1) or sub-section (2) shall be leviable from such persons deriving benefit
from the water as the [40][40][Provincial Government] may, by general or
special rule, direct.
(4) Subject to the terms of any such agreement as
aforesaid, the proceeds of any rate or rates levied under this section shall be
disposed of in such manner as the [41][41][Provincial Government] may, by general or
special rule, direct.
30. Liability when person using unauthorisedly
cannot be identified.— If
water supplied through a water-course be used in an unauthorised 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,
or, if such
person 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 liable or jointly liable, as the
case may be, to the charges made for such use.
31. Liability
when water runs to waste.— If water supplied through a water-course be suffered to
run waste, and if, after enquiry by the Collector, the person through whose act
or neglect such water was suffered to run 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.
32. Charges recoverable in addition to
penalties.— All charges for
the unauthorised 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 section 30 or section 31 shall be decided by the Collector.
CHAPTER IV
PROVISIONS APPLICABLE TO
CANALS INCLUDED UNDER SCHEDULE II
33. This chapter applicable only to canals under
Schedule II.— Except as the [42][42][Provincial Government] may otherwise direct
under section 69, the provisions of this chapter shall apply only to canals for
the time being included under Schedule II.
34. Power of the
Collector in certain cases, to declare or appoint a manager of a canal.— Where there are
numerous share-holders in the ownership of a canal, or where it is difficult to
ascertain the persons who are share-holders or the extent of the interest of
the share-holders, or any of them, the Collector may, if there is no proper
manager or representative, require by a proclamation or notice in writing, the
share-holders to nominate, within a given period, a fit person as manager of
the canal and their representative, and upon their failure to do so, may
himself appoint any person to be the manager of such canal and the
representative of the shareholders, and the person so appointed may thereupon
do all acts and things which the share-holders or any of them might lawfully do
in regard to the management of such canal, and all acts and things so done by
him shall be binding upon every person who possesses any share in the ownership
of such canal.
35. Power of Provincial Government to apply the
provisions of section 28 to any canal.— The [43][43][Provincial Government] may, by notification,
declare, all or any of the provisions of section 28 (as to the preparation and
revision of records) to be applicable to any canal, and, upon any such
declaration being made, such provisions shall, as far as may be, apply
accordingly.
36. Power to
assume control or management, or both, of a canal.— (1) It shall be lawful
for the [44][44][Provincial Government], by notification, to
assume the control or management, or both, of any canal—
(a) if
the owner of such canal consents thereto, and subject to the condition (if any)
on which such consent may in any case be given;
(b) if,
after enquiry, the [45][45][Provincial Government] is satisfied that the
control or management exercised by or on behalf of the owner is such as causes
grave injury to the property or health of persons owning lands in the vicinity;
(e) in
the event of any wilful and continuous breach of orders issued under section 39
of this Act.
(2) When the control or management, or both, of
any canal is assumed under the provisions of sub-section (1), the [46][46][Provincial Government] may exercise all or
any of the rights and powers in regard thereto which, but for such assumption,
the owner might lawfully have exercised, and may delegate such powers or any of
them to any person, but Government shall, in the absence of any decree or
agreement to the contrary, be liable to account, from time to time, to such
owners for the income and expenditure thereof and may at any time restore the
canal to the owner.
37. Right of owner, upon such assumption, to
demand that the canal shall be acquired by the Government.— When the control or management, or both, of
a canal shall be assumed by the [47][47][Provincial Government] under clause (b), or
clause (c) of sub-section (1) of section 36, and such control or management,
shall have continued for a period exceeding six years, the owner thereof may,
by notice in writing delivered to the Collector, require that the Government
shall acquire such canal.
38. Power to acquire canal on demand of the
owner.— On receipt of notice
under section 37, the [48][48][Provincial Government] shall, by
notification, declare that the said canal will be acquired after a day to be
named in the said notification, not being earlier than three months from the
date thereof, and after the issue of such notification the Collector shall
proceed as in sections 46 and 47 provided.
39. Power to fix the limits of irrigation and
water-rates and to regulate the distribution of water.— The [49][49][Provincial Government] may, after inquiry
through the Collector, in respect of any canal, issue orders as to all or any
of the following things, namely:-
(a) fixing
the limits within which land may be irrigated from such canal;
(b) fixing,
as it may deem equitable, the amount and character of the water rates leviable by the owner, and the conditions on which
such rates are to be paid, suspended, remitted or refunded;
(c) regulating
the supply and distribution of the water to and from such canal:
Provided
that if any land which has been continuously irrigated from the canal for three
years previously is deprived of irrigation, or the income of the canal-owner
from such canal is materially reduced by reason of any orders passed under this
section, the owners of such land or the canal owner shall be paid by Government
or by such persons as government may determine such compensation as the
Collector may consider reasonable:
Provided
further that, if the canal owner has in the opinion of the [50][50][Provincial Government] exercised his powers
as such in an arbitrary or inequitable manner, he shall not be entitled to
compensation under this section.
40. Collection in certain cases, of water-rates
of a canal by the Provincial Government.— (1) The [51][51][Provincial Government] may, at the request
of the owner, undertake the collection of the water-rates leviable in respect
of a canal for such period as may be agreed upon with him and may thereupon:-
(a) regulate
such collection and determine the person by whom it shall be made;
(b) direct
that by way of payment for service rendered in making such collection,
deductions shall be made not exceeding three per cent of the amount collected.
(2) During the period for which the [52][52][Provincial Government] has undertaken the
collection of the water-rates leviable in respect of a canal, no suit for the
recovery of any such rates shall be instituted.
CHAPTER V
PROVISIONS APPLICABLE TO ALL CANALS
41. This Chapter applicable to all canals.— Save as otherwise hereinafter expressly
provided, the provisions of this chapter shall be applicable to all canals, whether
included under Schedule I or under Schedule II.
42. Consent or decision of the owner how to be
determined.— Whenever, in
respect of any canal, any question arises which has under this Act or the rules
made thereunder to be determined by the request, consent or decision of the
owner, and the ownership of such canal is vested in more persons than one who
are unable to agree as to such request, consent or decision, it shall be lawful
to the Collector to act on behalf of the owner in any such matter, and the
request, consent or decision of the Collector, in any such case shall be
binding upon every person who possesses any share in the ownership of such
canal.
In
every such case the Collector shall give due consideration to the wishes of the
share-holder or share-holders who possess the larger interest, and when the
question is one whether the Government shall be required to take any action,
the wishes of such share-holder or share-holders shall prevail and be accepted
by the Collector.
43. Settlement of disputes.— (1) Save as provided in the preceding
section, whenever a dispute arises between two or more persons in regard to
their mutual rights and liabilities in respect of the ownership, construction,
use or maintenance of a canal or water-course, and any such person applies in
writing to the Collector stating the matter in dispute, the Collector shall
give notice to the other person or persons interested that on a day to be named
in such notice or any such day to which the proceedings may be adjourned, he
will proceed to inquire into the matter in dispute.
(2) Upon the day so named or any such subsequent
day as aforesaid, the Collector shall proceed to hear and determine the dispute
in the following manner, that is to say—
(a) If the dispute relates to the ownership of a canal or the mutual
rights of owners in the use of the water of such canal or the construction or
maintenance of a canal or the payment of any share of the costs of such
construction or maintenance or the distribution of the supply of water from a
canal, the Collector shall proceed as a Revenue Court under the provisions of
the Punjab Tenancy Act, 1887[53][53] and the provision of that Act regarding
appeals, revisions and reviews shall be applicable.
(b) If the dispute relates to a water-course, the
Collector shall hear and determine the case as a revenue-officer and shall make
such order thereon as to him seems fit, and such order shall, unless set aside
on appeal to the Commissioner, be conclusive as to the use or distribution of
water for any crop sown or growing at the date of such order. The order of the
Commissioner on appeal shall in every such case be final.
44. Acquisition of land for canals.— (1) Any person who has obtained the
permission of the [54][54][Provincial Government] to construct, or who
owns a canal, may apply in writing to the Collector to take up any land
required for the purposes of such canal.
(2) If the Collector is of opinion that the
application should be granted, he shall submit it, with his recommendation, for
the orders of the [55][55][Provincial Government].
(3) If, in the opinion of the [56][56][Provincial Government] the application
should, whether in whole or in part, be granted, it may declare that the land
is required for a public purpose within the meaning of the Land Acquisition
Act, 1894[57][57], and direct the necessary action to be taken
thereunder.
45. Power to acquire canal by consent or
otherwise.— Whenever it
appears to the [58][58][Provincial Government] expedient in the
public interest to acquire any canal, the [59][59][Provincial Government] may, by notification,
declare that the said canal will be acquired after a day to be named in the
said notification, not being earlier than [60][60][one month] from the date thereof.
46. Notice as to claims for compensation.— As soon as practicable after the issue of
such notification the Collector shall cause public notice to be given at
convenient places stating that the [61][61][Provincial Government] intends to acquire
the said canal as aforesaid and that claims for compensation in respect of the
acquisition thereof may be made before him.
47. Inquiry into claims.— (1) The Collector shall proceed to inquire
into any such claim and to determine the amount of compensation which should be
given to the claimant. In assessing such compensation the Collector shall
proceed as provided in section 55, but for the purposes of this section, he
shall also have regard to the history of the canal, the expenditure incurred
thereon and the profits [62][62][already earned by] the owner.
(2) Limitation
of claims.— No claim for compensation shall be enforceable after the
expiration of one year from the date of the notice under section 46, unless the
Collector is satisfied that the claimant had sufficient cause for not making
the claim within such period.
48. Vesting of
canal in the [63][63][Provincial
Government].— (1) The [64][64][Provincial Government] shall by notification
declare the day on which a canal has been acquired by it [65][65][,] [66][66][and notwithstanding that compensation has not
been assessed under section 47 or paid to the claimant, the canal shall be
deemed to have been acquired on the day so declared].
(2) Subject to the award
of compensation to the owner or person interested in the said canal, when the [67][67][Provincial Government] acquires a canal,—
(a) the right, title and interest therein, of the owner thereof shall
forthwith cease and determined;
(b) such canal, subject to any right to take water for irrigation
which any person may have, shall forthwith vest in, and be the absolute property
of [68][68][Provincial Government].
49. Power to
regulate flow of water in rivers, creeks, natural channels or lines of natural
drainage and to prohibit therein or order removal therefrom of obstructions.— The [69][69][Provincial Government] may, by notification
published in the Official Gazette, take power to regulate the flow of water in
any river, creek, natural channel or line of natural drainage whether by the
construction or removal of works or otherwise, and whenever it appears to such
Government after enquiry through the Collector that the supply of water to a
canal or the cultivation of any land or the public health or public convenience
is likely to be injuriously affected by the obstruction of any river, creek,
natural channel or line of natural drainage it may, by notification published
as aforesaid prohibit within the limits to be defined by such notification the
formation of such obstruction, or may within such limits order the removal or
other modification of such obstruction.
50. Power to remove obstruction after
publication of notification, and payment of compensation.— (1) The Collector 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) The Collector may
himself remove or modify the obstruction—
(a) if the person to whom the order under sub-section (1) was issued
fails to comply with that order within the time so fixed; and
(b) in any case where the obstruction is not caused or controlled by
any person.
(3) The Collector shall determine from whom the
cost of removing or modifying the obstruction shall be recovered, and the
amount of compensation due to any person injuriously affected by the removal or
modification of the obstruction and the person by whom such compensation shall
be payable:
Provided
that no compensation shall be awarded for an advantage obtained by an arbitrary
or inequitable course of action.
51. Power of the
Collector to regulate flow of water and prohibit or remove obstructions.— When the [70][70][Provincial Government] has by notification as
provided in section 49 taken power to regulate the flow of water in any river,
creek, or natural channel or line of natural drainage it may authorise the Collector
to exercise such power on its behalf in accordance with such rules as it may
prescribe. A Collector so authorised may in the execution of such rules
exercise all the powers conferred upon him by section 50, and his authority
shall include the power to take such action as the [71][71][Provincial Government] is empowered by section 49
to take after enquiry through the Collector. Such authority may on every
occasion be exercised without the publication of any further notification in
the [72][72][Official Gazette].
52. Power as to the construction and maintenance
of works in respect of canals under Schedule II.— (1) The Collector may, at any time, order
the owner of any canal under Schedule II to—
(a) repair and maintain, in a proper state all or
any embankments, protective works, reservoirs, channels, water-course sluices,
outlets, and other works connected with the canal;
(b) construct, repair and maintain, in a proper
state, a suitable bridge, culvert, or similar work at any place across, under,
or over the canal for the purpose of providing communication with any public
road or thoroughfare which was in use before the canal was made;
(c) construct, repair and maintain, in a proper
state, suitable works for the passage of the water of the canal across, under,
or over any public road or thoroughfare or any canal or drainage or channel
which was in use before the canal was made;
(d) construct,
repair and maintain, in a proper state, a suitable regulator at or near the
head of the canal where, for want of such regulator, an excessive supply of
water may enter the canal or cause damage to it, or any crops, lands, roads or
property in the neighbourhood.
“Canal” as used in this sub-section does not
include “water course”.
(2) The Collector may at any time order the owner
of a water-course to perform in respect of such water-course all or any of the
acts which he may under sub-section (1) order the owner of a canal to perform
in respect of the canal, and may direct the owner of the canal to cease
supplying water to the water-course till the owner of the water-course has
complied with the order.
(3) Every order under sub-sections (1) and (2)
shall be in writing, and shall specify a reasonable time within which the works
or repairs mentioned therein shall be completely executed.
(4) If any order made
under this section is not obeyed, to the satisfaction of the Collector, within
the time therein specified, the Collector may himself execute or complete the
execution of or cause to be so executed or completed, all works or repairs
specified in the order.
53. Power as to
construction and maintenance of works in respect of canals under
(a) call upon the irrigators to discharge any of
the liabilities specified in section 52, sub-section (1) which the [73][73][Provincial Government] may have declared to
attach to the irrigators from such canal or group of canals; or
(b) himself
arrange for the performance of such acts and recover the cost as provided in
section 57.
54. Power to take
possession and to construct works in cases of emergency.— (1) If any new work is
immediately required to prevent serious detriment to the utility of a canal,
the Collector may, notwithstanding anything in the Land Acquisition Act, 1894,
take immediate possession of any land required for the construction of the
work.
(2) When the Collector has taken possession of
any land under sub-section (1), he shall, upon application made to him in this
behalf, assess and pay compensation under section 55.
(3) In the event of sudden and serious damage or
urgent risk to a canal or to property situate in the immediate neighbourhood
thereof, or to irrigation carried on therefrom, or to the public traffic, the
Collector may, after giving previous notice, execute or cause to be executed
such works as he may think necessary in order to remedy or prevent such damage
or risk, and may require any irrigator to furnish such labour as to the said
Collector may seem reasonable and necessary for the immediate execution of such
works.
(4) Labour furnished under this section shall be
paid for at the local market rate.
(5) An order passed under sub-sections (3) and
(4) shall be final.
55. Assessment of
compensation.— [74][74][(1)] In assessing the amount of compensation to
be paid under any section of this Act, other than sections 12, 14, 21, 39 and
50, the Collector shall proceed under the provisions of the Land Acquisition
Act, 1894, and the provisions of that Act [75][75][except sections [76][76][18 to 22, 25 to 28], sub-section (3) of section
48 and section 54] shall, as far as may be, be applicable to all proceedings
under this section.
[77][77][(2) An
appeal shall lie to the Commissioner from an award made by the Collector, and
to the [78][78][Board of Revenue], from the order passed
thereon by the Commissioner:
Provided
that no appeal shall lie to the [79][79][Board of Revenue], if the order of the
Collector is confirmed on appeal by the commissioner].
56. Compensation
for right of user or in the form of a supply of water.— With the consent of the
parties, the Collector may, when assessing the amount of compensation to be
paid, direct, in the case of an acquisition of land, that the property in such
land shall remain with the owner subject to a right of user so long as the land
is required for the purpose of the canal or water-course, compensation being
awarded for the right of user only, or in the case of an acquisition of a
canal, or of land for the purposes of a canal, that the compensation shall take
the form in whole or in part of a right to a supply of water from the canal
which has been acquired or for the purposes of which land has been acquired.
57. Apportionment and recovery of the cost of
land acquired or works executed.— (1) When any land is acquired under the provision of section 44, or
when any work is executed by or under the orders of the Collector under the
provisions of section 50, section 52, section 53 or section 54, the cost of
acquiring such land or of executing such work, as the case may be, shall be
recoverable—
(a) if
the canal is included under schedule II, — from the owner thereof; or
(b) if
the canal is included under Schedule I, — from the irrigators or such of them
as are, in the opinion of the Collector, benefited or likely to be benefited by
the acquisition or equitably liable for the whole or any part of the cost of
executing the work or from the proceeds of any water-rate levied under section
29; and
(c) if
such appropriation is not contrary to the provisions of the record-of-rights
specified in section 28 of this Act, — from the fund referred to in section 27
of this Act.
(2) When the cost of acquiring any land or of
executing any work is, under provisions of sub-section (1), recoverable from
the owner of any canal or from the irrigators therefrom, or any of them, it
shall be lawful for the Collector to apportion such costs as to him may seem
equitable, among all or any of the persons liable for the whole or any portion
thereof and such apportionment shall be final.
(3) When the cost of acquiring such land has been
paid, such land, if acquired in full proprietary right, shall become the
property of the canal owner.
58. Power to
regulate mills.— (1) The [80][80][Provincial Government] may, by general or special
order, prohibit or regulate the construction of new, and regulate the use of
existing, mills upon canals, and the appropriation of the water of canals for
working mills.
59. Application
of sections 13 to 16 of Land Revenue Act, 1887.— Except in so far as a
contrary intention is expressed, sections 13 to 16 (both inclusive) of the [81][81]Punjab Land Revenue Act of 1887 shall apply to all
proceedings under this Act.
60. Exclusion of
jurisdiction of Civil Court except under Land Acquisition Act.— Save as in section 55
provided, no Civil Court shall have jurisdiction in any matter which a
revenue-officer or Revenue Court is empowered by this Act to dispose of or take
cognizance of the manner in which the [82][82][Provincial Government] or any Revenue Officer or
Revenue Court exercises any powers vested in it or him by or under this Act.
61. Power to
appoint officers to exercise functions under this Act.— (1) The [83][83][Provincial Government] may appoint any person or
any class of officials to perform any functions or to exercise any powers, by
this Act or the rules made thereunder conferred on or vested in the Collector,
Commissioner, [84][84][Board of Revenue] or such Government.
(2) Such appointment may be made in respect of
any canal or of all or any of the canals, situate within any specified local
area.
(3) In all matters connected with this Act, the [85][85][Provincial Government] shall have and
exercise over the [86][86][Board or Revenue], the Commissioner and the
Collector, and the [87][87][Board of Revenue], shall have and exercise
over the Commissioner and the Collector and the Commissioner shall have and
exercise over the Collector, the same authority and control as it or they
respectively have and exercise over them in the general and Revenue
Administration.
62. Powers of Collector in certain proceeding
under the Act.— For the
purposes of every enquiry made and proceeding taken under this Act, the
Collector or any other Revenue Officer authorized by him in this behalf shall
have power to summon and enforce the attendance of and examine parties and
witnesses and compel the production of documents, and for all or any of these
purposes may exercise all or any of the powers conferred on a Civil Court by
the Code of Civil Procedure, 1882[88][88], and every such inquiry shall for the
purposes of the [89][89][Pakistan] Penal Code[90][90], be deemed to be a judicial proceeding.
63. Permission to owners and parties interested
in any canal to object in certain cases.— In all cases under sections 6, 8, 11, 21, 23, 25, 30, 31, 34, 36, 38,
39, 40, 42, 43, 47, 49, 50, 52, 53 and 57 of this Act, the owners and other
parties interested in the canal shall be given an opportunity of appearing
before the Collector and of showing cause to the contrary.
64. Mode of
serving notices and making proclamations.— Every summons, notice, proclamation and other
process issued under this Act shall, as far as may be, be served or made in the
manner provided in that behalf in sections 20, 21 and 22 of the [91][91]Punjab Land Revenue Act, 1887.
65. Bar of compensation where not expressly
allowed.— Save as otherwise
expressly provided in this Act, no person shall be entitled to recover any
compensation for anything at any time done in good faith intended to be done in
exercise of any power conferred by this Act or by the rules made thereunder.
66. Protection of persons acting under the Act.— No suit, prosecution or other legal
proceeding shall lie against any person for anything done, or in good faith
intended to be done under this Act or the rules made thereunder.
67. Government to
be party to certain suits and proceedings.— (1) In any suit or proceeding in which an entry
made in any record prepared under section 28 or section 35 is directly or
indirectly called in question, the Court shall, before the final settlement of
issues, give notice of the suit or proceeding to the Collector and, if moved to
do so by the Collector, shall make the [92][92][Provincial Government] a party to the same.
(2) Bar of other suits against State.— Save as provided in sub-section
(1), no suit shall lie [93][93][against the [94][94][Provincial Government]] in respect of anything
done by the Collector or by any person acting under the orders of the [95][95][Provincial Government], in the exercise of any
power by this Act conferred on such Collector [96][96][or the Provincial Government].
68. Power to
recover water-dues, water-rates and other charges by revenue process.— All water-dues,
water-rates and other payments at any time due by or to be collected from any
person under any provision of this Act or under an agreement entered into by
the owners of the canal or the person irrigating from it and all arrears of
such water-dues, water rates or other payments shall be recoverable as if the
same were arrears of land-revenue.
69. Powers as
regards canals, creeks situate partly without the limits of the Punjab.— Any or all of the
powers exercisable by the [97][97][Provincial Government] under this Act in respect
of any canal, river or creek may be exercised by such Government in the case of
any canal, river or creek, which is or may at any time be situate partly within
and partly without the limits of [98][98][the areas to which this Act applies] and in
respect of so much of any such canal, river or creek, as is within those
limits; and in the case of any such canal, river or creek, the [99][99][Provincial Government] may by notification, and
notwithstanding the provisions of section 2, declare what section of this Act
shall be applicable thereto.
70. Powers exercisable in cases of urgency with
regard to canals situate beyond the Punjab.— In respect of any canal situate beyond the limits of [100][100][the areas to which this Act applies] the [101][101][Provincial Government] may, by notification
published in the Official Gazette, declare that the powers exercisable by a
Collector under section 54 may under the circumstances there specified be
exercised by the Collector or other authorised officer within the limits of [102][102][the areas to which this Act applies] for all
or any of the purposes of such canal.
71. Offences under the Act.— Whoever without proper authority and
voluntarily does any of the acts following, that is to say,—
(1) damages, alters, enlarges, or obstructs any
canals;
(2) interferes with, increases or diminishes the
supply of water in, or the flow of water from, through, over, or under any canal;
(3) interferes with or alters the flow of water
in any river, creek, or stream so as to endanger, damage or render less useful
any canal;
(4) being responsible for the maintenance of any
water-course or using a water-course, neglects to take proper precautions for
the prevention of waste of the water thereof, or interferes with the authorised
distribution of the water therefrom or uses such water in an unauthorised
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) being liable to furnish labour under this
Act, fails, without reasonable cause, to supply or to assist in supplying the
labour required of him;
(7) being liable to supply labour under this Act,
neglects, without reasonable cause, so to supply and to continue to supply
labour;
(8) destroys or removes any level mark or
water-gauge fixed by the authority of a public servant;
(9) passes or causes animals or vehicles to pass
on or across any of the works, banks or channels of a canal contrary to rules
made under this Act after he has been desired to desist therefrom; and
(10) disobeys any order or proclamation issued
under this Act, or commits any breach of any rule made thereunder;
shall be liable on conviction before a
Magistrate of such class as the [103][103][Provincial Government] directs in this
behalf to a fine not exceeding fifty rupees or to imprisonment not exceeding
one month or to both.
72. Power to arrest without a warrant.— Any person incharge of or employed upon any
canal managed by [104][104][servants of the State] or by a District
Board, 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:-
(1) wilfully damages or obstructs any canal;
(2) without
proper authority interferes with the supply of, or flow of water in or from any
canal or in any river or stream, so as to endanger, damage or render less
useful any canal.
73. Definition of 'canal' for purposes of
sections 71 and 72.— In
sections 71 and 72, the word “canal” shall (unless there be something repugnant
in the subject or context) be deemed to include also all lands occupied for the
purposes of canals and all buildings, machinery, fences, gates and other
erections, trees, crops, plantations or other produce upon such lands.
74. Power to make
rules.—
(1) The [105][105][Provincial Government] may make rules consistent
with this Act, regulating any matter in regard to which any power is, by this
Act, conferred upon the [106][106][Provincial Government], or upon any [107][107][servant of the State], and generally to carry out
the purposes of this Act.
(2) Without prejudice to
the generality of the power conferred by sub-section (1), rules made under this
Act may provide for the levy of a rate imposed upon land in consideration of
its protection from sand or flood.
(3) All rules made under section (1) shall be so
made after previous publication in the Official Gazette.
SCHEDULE I
Canal District
[108][108][* * * * *
* * * * * * * *]
Hajiwah .. .. (
([109][109]
Kurrum Canals .. .. .. .. .. ..
Chachali .. )
Adwala .. )
Baroch Lunda .. )
Mitha .. ) Hill
torrents.. Mianwali.
Rakka .. )
Jaba .. )
Vahi (including Truppi and Golar) )
Trimmun .. )
Bhati Hill Torrent .. )
Kanwah Hill Torrent )
Sangarh Hill Torrent .. )
Mahoi Hill Torrent .. )
Vehoa Hill Torrent .. )
Sori Hill Torrent .. )
Vador Hill Torrent .. )
Sakhi Sarwar Hill Torrent .. )
Mithawan Hill Torrent .. ) Dera Ghazi Khan
Khosra Hill Torrent .. )
Kaha Hill Torrent .. )
Chachar Hill Torrent .. )
Chezgi Hill Torrent .. )
Pitok Hill Torrent .. )
Northern Sori Hill Torrent .. )
Southern Sori Hill Torrent .. )
SCHEDULE II
Canal District
[110][110][* * * * * * * * * * * * *]
Piranwala .. )
Amir Chandwala .. )
Nunanwala .. )
Sultan Muhammadwala .. )
Nabbiwala .. )
Chaharmiwala .. ) Left
bank )
Malik Sahib Khanwala .. ) of
Mekananwala .. ) )
Malik Jahan Khanwala .. ) )
Sarfraz Khanwala .. ) ) Shahpur
Jhammatanwala .. ) )
Nathuwala .. ) )
Makhdumanwala .. ) )
Daimwala .. ) Right
bank )
Muhkamdinwala .. ) of
[1][1]For statement of objects and
reasons, see Punjab Gazette, 1903,
Part V, page 100; for report of the Select Committee, see ibid., 1905, Part V, page 7; for proceedings in Council, see ibid., 1904, Part V, page 27 and ibid., 1905, Part V, page 44.
[2][2]This Act received the assent
of the Lieutenant-Governor of the
[3][3]Substituted by the Punjab
Minor Canals (
[4][4]Ibid.
[5][5]Ibid.
[6][6]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[7][7]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[8][8]Substituted, for the words
“His Majesty for the purposes of the Province”, by the West Pakistan Laws
(Adaptation) order, 1964, section 2(1), Schedule Pt. II, which were previously
Substituted, for the words “Government”, by the Government of India (Adaptation
of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937.
[9][9]Substituted, for the words
“Servants of the Crown”, by the West Pakistan Laws (Adaptation) Order 1964
section 2(1) Schedule Pt. II which were previously Substituted, for the words
“Government Officers”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[10][10]Substituted, for the words
“by direction of Government”, by the Government of
[11][11]The words, “
[12][12]VIII of 1873.
[13][13]XVII of 1887, subsequently
replaced by the Punjab Land Revenue Act, 1967.
[14][14]Inserted by the Punjab Minor
Canals (Amendment) Act, 1952 (XVII of 1952), section 2.
[15][15]Substituted, for the words
“Local Government”, by the Government of
[16][16]Substituted, for the words
“Local Government”, by the Government of
[17][17]Ibid.
[18][18]Ibid.
[19][19]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[20][20]Ibid.
[21][21]Ibid.
[22][22]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[23][23]Ibid.
[24][24]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[25][25]Ibid.
[26][26]XV of 1887, subsequently
replaced by the Limitation Act, 1908 (IX of 1908).
[27][27]Substituted, for the words
“Local Government”, by the Government of
[28][28]Ibid.
[29][29]Ibid.
[30][30]Substituted, for the words
“Local Government”, by the Government of
[31][31]Substituted, for the words
“Local Government”, by the Government of
[32][32]Now equivalent to ‘fifty
paisas’.
[33][33]Substituted, for the words
“Local Government”, by the Government of
[34][34]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[35][35]Substituted ibid., for the word “Government”.
[36][36]Substituted ibid., for the words “the Government”.
[37][37]XVII of 1887, subsequently
replaced by the Punjab Land Revenue Act, 1967.
[38][38]Substituted, for the words
“Local Government”, by the Government of
[39][39]Substituted, for the words
“Local Government”, by the Government of
[40][40]Ibid.
[41][41]Ibid.
[42][42]Substituted, for the words
“Local Government”, by the Government of
[43][43]Ibid.
[44][44]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[45][45]Ibid.
[46][46]Ibid.
[47][47]Ibid.
[48][48]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[49][49]Ibid.
[50][50]Ibid.
[51][51]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[52][52]Ibid.
[53][53]XVI of 1887.
[54][54]Substituted, for the words
“Local Government”, by the Government of
[55][55]Substituted, for the words
“Local Government”, by the Government of
[56][56]Ibid.
[57][57]I of 1894.
[58][58]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[59][59]Ibid.
[60][60]Substituted, for the words
“six months”, by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952),
section 3.
[61][61]Substituted, for the words
“Local Government”, by the Government of
[62][62]Substituted by the Punjab
Minor Canals (Amendment) Act, 1952 (XVII of 1952), section 4, for the word
“of”.
[63][63]Substituted, for the words
“Local Government”, by the Government of
[64][64]Ibid.
[65][65]Substituted,
for full-stop, by the Punjab Minor Canals (Amendment) Act, 1952 (XVII of 1952).
[66][66]Added ibid., section 5.
[67][67]Substituted, for the words
“Local Government”, by the Government of
[68][68]Substituted,
for the words “Crown for the purposes of Province”, by the West Pakistan Laws
(Adaptation) Order 1964, section 2(1) Schedule Part II, which were previously
Substituted, for the words “the Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937.
[69][69]Substituted, for the words
“Local Government”, by the Government of
[70][70]Substituted, for the words
“Local Government”, by the Government of
[71][71]Ibid.
[72][72]Substituted ibid., for the word “Gazette”.
[73][73]Substituted, for the words
“Local Government”, by the Government of
[74][74]Section 55, renumbered as
sub-section (1) of that section by the Punjab Minor Canals (Amendment) Act,
1952 (XVII of 1952), section 6.
[75][75]Substituted ibid., for the words “regarding
inquiries and awards by the Collector, references to the Civil Courts and
procedure thereon, apportionment of compensation, payment and appeals”.
[76][76]Substituted by the Punjab
Minor Canals (Amendment) Ordinance 1985 (XII of 1985) for, “18 to 28, both
inclusive.”
[77][77]Added by the Punjab Minor
Canals (Amendment) Act, 1952 (XVII of 1952).
[78][78]Substituted for the words
“Financial Commissioner, Revenue”, by the
[79][79]Ibid.
[80][80]Substituted, for the words
“Local Government”, by the Government of
[81][81]XVII of 1887, subsequently
replaced by the Punjab Land Revenue Act, 1967.
[82][82]Substituted, for the words
“Local Government”, by the Government of
[83][83]Ibid.
[84][84]Substituted, for the words
“Financial Commissioner”, by the
[85][85]Substituted, for the words
“Local Government”, by the Government of
[86][86]Substituted, for the words
“Financial Commissioner”, by the
[87][87]Substituted, for the words
“Financial Commissioner”, by the
[88][88]XIV of 1882.
[89][89]Substituted, for the word
“Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955), section 2, Schedule I, Part II.
[90][90]XLV of 1860.
[91][91]XVII of 1887, subsequently
replaced by the Punjab Land Revenue Act, 1967.
[92][92]Substituted, for the words
“Secretary of State for
[93][93]Substituted ibid., for the words “against the
Government”.
[94][94]Substituted for the word
“Crown” by the West Pakistan Laws (Adaptation) Order 1964, section 2 (a), Schedule
Pt. II.
[95][95]Substituted, for the words,
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[96][96]Substituted, ibid., for the words “or Government”.
[97][97]Substituted, ibid., for the words “Local Government”.
[98][98]Substituted
by the Punjab Minor Canals (
[99][99]Substituted, for the words
“Local Government”, by the Government of
[100][100]Substituted
by the Punjab Minor Canals (
[101][101]Substituted, for the words
“Local Government”, by the Government of
[102][102]Substituted
by the Punjab Minor Canals (
[103][103]Substituted, for the words
“Local Government”, by the Government of
[104][104]Substituted, for the words
“the Crown”, by West Pakistan Laws (Adaptation) Order, 1964, section 2(I),
Schedule Pt. II, which were previously Substituted, for the words “Government
officers”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as
amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[105][105]Substituted, for the words
“Local Government”, by the Government of
[106][106]Ibid.
[107][107]Substituted, for the words
“the Crown”, by West Pakistan Laws (Adaptation) Order 1964, section 2(I)
Schedule Pt. II.
[108][108]Entries from “Hissar—Rangoi”
to “Gurdaspur—Kiran”, which related to canals now in
[109][109]Now ‘Sahiwal’.
[110][110]Entries from
“Gurgaon—Chakarpur Bund” to “Hoshiarpur—Natha Sing of Jhandwal’s Canal” which
related to canals now in
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