LexThe Haryana Canal and Drainage Act, 1974
Haryana · state statute
Open in Lexace · Ask the AI about this actHARYANA GOVERNMENT
LEGISLATIVE DEPARTMENT
The Haryana Canal and Drainage Act, 1974
Haryana Act No. 29 of 1974
(As Amended upto the 31st March, 1985)
Printed by the Controller of Printing and Stationary, Haryana, Chandigarh
THE HARYANA CANAL AND DRAINAGE ACT,1974
(Haryana Act No. 29 of 1974)
Table of Contents
Sections
1. Short title, extent and commencement. I
2. Definitions 1-4
3. Power to a point officers 4
4. Utilization of water for public purposes 4
5. Power to prohibit installation of tubwells 5
6. Power of canal officer 5
7. Compensation for damages 5
8. Limitation for claims 6
9. Enquiry into claims and amount of compensation 6
10. Abatement of rent on interruption of water-supply 7
11. Payment of compensation 7
12. Power to enter and regulate water supply 7
13. Power to enter for repairs and payment of compensation 8
14. State Government to provide means of crossing canals 8
15. Liability of persons to construct works for passage of water 9
16. Adjustment of claims between persons jointly using watercourse and
recovery thereof 9
17. Preparation of draft scheme 10
18. Publication of scheme 10
19. Publication of scheme after approval 11
20. Appeal and revision 11
21. Notice of acquisition of land 12
22. Recovery of cost from share-holders 12
23. Direction for maintenance of watercourse 12
24. Restoration of demolished or altered etc. water-course 13
25. Bar or jurisdiction of Civil Court 14
26. In absence of written contract, water-supply to be subject to rules 14
27. Power to stop water supply and compensation 14-16
28. Liability when person using unauthorisedly cannot be identified 16
29. Liability when water runs to waste 16
(ii)
30. Charge recoverable in addition to penalties. 16
31. Determination of water charges. 17
32. Owner’s rate. 17
33. Amount of owner’s rate. 17
34. Water-rate by whom payable. 17
35. Certified dues recoverable as land revenue. 17
36. Power to contract for collection of dues. 17
37. Agency to collect Canal dues. 18
38. Fines not included in certified dues. 18
39. Detention of vessels violation rules. 18
40. Recovery of fines for offences in navigating canals. 19
41. Power to seize and detain vessel on failure to pay charges. 19
42. Power to seize cargo or goods, if charges due thereon are not paid. 19
43. Procedure for recovery of such charges after seizure. 19
44. Procedure in respect of vessels abandoned and goods unclaimed. 20
45. Power to prohibit obstructions or order their removal. 20
46. Power to remove obstruction after prohibition. 21
47. Provisions regarding field drains. 21
48. Preparation of schemes for works of important. 21
49. Powers of persons employed on such schemes. 21
50. Rate of lands benefited by works. 21
51. Recovery of rate. 21
52. Disposal of claims to compensation 21
53. Limitation of such claim. 22
54. Jurisdiction under this Act of Civil Courts 22
55. Power Deputy Collector to order use or distribution of water and settlement
of differences. 22
56. Correction of Clerical errors. 22
57. Power to summon and examine witness. 23
58. Offences under the Act. 23
59. Saving of prosecution under other laws. 24
60. Protection of action taken in good faith. 24
61. Compensation to the person injured. 25
62. Power to arrest without warrant. 25
63. Definition of canal. 25
64. Power to remove difficulties. 25
65. Power to make rules. 26
66. Repeal and Savings. 26
THE HARYANA CANAL AND DRAINAGE ACT, 1974
(Haryana Act No. 29 of 1974)
(Received the assent of the Governor of Haryana on the 23 rd August, 1974,
and first published for general information in the Haryana Government Gazette
(Extraordinary), Legislative Supplement Part I of 23rd August, 1974).
1 2 3 4
Year No. Short title Whether repealed or otherwise
affected by legislation
1974 29 The Haryana Canal and
Drainage Act. 1974
Amended by Haryana Act 18
of 1977
AN
ACT
to regulate irrigation, navigation and drainage in Haryana
BE it enacted by the Legislature of the State of Haryana in the Twenty-
fifth Year of Republic of India as follows:-
PART-I
PRELIMINARY
1. (1) This Act may be called the Haryana Canal and Drainage Act, 1974.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on *such date as the State Gov ernment
may, by notification, specify.
2. In this Act, unless there is anything repugnant in the subject or context:-
(1) “Canal” includes:-
__________________________________________________________________
1. For Statement of objects and Reasons, sec Haryana Government Gazette
(Extraordinary), dated the 7th November, 1973, page 2063-64.
2. For Statement of Objects and Reasons, sec Haryana Government Gazette
(Extraordinary), dated the 3rd July, 1977, page 1184.
*Specifies the 7 th April, 1976, as the date on which this Act shall come into force,
vide Irrigation and Power Departments, notification No. 1916-4PW 11-76/11990, dated the
5th April, 1976.
__________________________________________________________________
Short title
extent and com-
mencement
Definitions
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2. CANAL AND DRAINAGE 1974: Haryana Act 29
(a) All canal, channels and reservoirs constructed, maintain-
ned or controlled by the State Government for the supply
of water;
(b) All works, embankments, structures, including outlets,
supply and escape channels connected with such canals,
channels or reservoirs;
(c) All water-courses;
(d) All parts of a river, stream, lake or natural collection of
water or natural drainage channel, to which the State
Government has applied the provisions of Part II of this
Act;
(e) All field drains;
(f) All State tubewells;
(g) All drains, works, embankments and structures,
connected with drains, maintained or controlled by the
State Government;
(2) “Canal Officer” means an officer appointed under this
Act by the State Governme nt, by notification, to exer -
cise control or jurisdiction over a canal or any part
thereof;
“Chief Canal Officer” means an officer exercising general
control in respect of canals in the State;
“Superintending Canal Officer” means an officer exercising
general control over a canal or portion of a canal;
“Divisional Canal Officer” means an officer exercising
control over a division of a canal;
“Sub-Divisional Canal Officer” means an officer exercising
control over a sub-division of a canal;
“Deputy Collector” means an officer appointed to perform
the functions of Deputy Collector under this Act;
(3) “Collector” means the head revenue officer of a
district, and includes any other officer appointed
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1974: Haryana Act 29 CANAL AND DRAINAGE 3.
under this Act by the State Government, by notification, to
exercise all or any of the powers of a Collector;
(4) “Commissioner” means a Commissioner of Division, and
includes any officer appointed under this Act by the State
Government, by notification, to exercise all or any of the
powers of a Commissioner;
(5) “culturable commanded area” means that portion of a
culturable irrigable area which is commanded by flow or
lift irrigation from an irrigation channel, outlet or State
tubewell;
(6) “district” means a district as fixed for revenue purposes;
(7) ”drainage work” includes escape channels from canals,
dams, weirs, embankments, sluices, groins and other
works for the protection of lands from flood or from
erosion, formed or maintained by the State Government
under the provisions of Part VII of this Act, but does not
include works for the removal of sewage from towns;
(8) “field drain” inc ludes drains and other similar works
constructed or maintained by land owners themselves;
(9) “prescribed” means prescribed by rules framed under this
Act;
(10) “shareholder” means a person who is interested in the land
which is irrigated or likely to be irrigated by a canal and
also includes a person who is interested in a field drain;
(11) “State tubewell” means a tubewell hitherto constructed,
maintained or controlled or which may be hereafter
constructed, maintained or controlled by the State
Government or the Haryana State Minor Irrigation
(Tubewells) Corporation Limited, and includes all
mechanical and electrical appliances, tools and structures
appertaining to it and necessary for the abstraction of
water from it;
(12) “temporary watercourse” means a watercourse which has
been running for a period of not less than six months prior
to the date of its demolition, alteration, enlargement or
obstruction, but which is not a watercourse as herein after
defined;
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4. CANAL AND DRAINAGE 1974: Haryana Act 29
(13) “tubewell” means any device for lifting water from below
the surface of the ground by mechanical means operated
otherwise than by human or animal power;
(14) “vessel” includes boats, rafts, timber and other floating
bodies; and
(15) “watercourse” means any channel including all its
subsidiary works which is supplied with water from a
canal, but not maintained at the cost of the S tate
Government, and is sanctioned under this Act or is in
existence under an agreement or by prescription.
3. (1) The State Government may, from time to time, declare,
by notification, the officers of the State Government or of the Haryana
State Minor Irrigation (Tubewells) Corporation Limited, by whom, the
matters in respect of which and the local limits within which, all or
any of the powers or duties hereinafter conferred or imposed shall be
exercised or performed.
(2) All officers mentioned in cl ause (2) of section 2 shall be
subject to the orders of such officers as the State Government may,
from to time, direct.
PART-II
OF THE APPLICATION OF WATER
FOR PUBLIC PURPOSES
4. (1) Whenever it appears expedient to the State Govern -
ment that the water of any river or stream flowing in a natural channel,
or of any lake or other natural collection or still water, should be
applied or used by the State Government for the purpos es of any
existing or projected canal or drainage work, the State Government
may, by notification, declare that the said water will be so applied or
used after a day to be named in the said notification, not being a day
earlier than three months from the date of such notification.
(2) As soon as it is practicable after the issue of aforesaid
notification, the collector shall cause public notice to be given in the
manner prescribed, stating that the State Government intends to apply
or use the said water.
Power to appoint
officers.
Utilization of
water for public
purpose
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1974: Haryana Act 29 CANAL AND DRAINAGE 5
(3) The persons affected by such notification shall be entitled to
lodge claims for compensation in respect of matters mentioned in Section 7
before the Collector.
5. The State Government may, by notification, prohibit installa -
tion of any tubewell other than a State tubewell within a distance of, ----
(a) not exceeding 150 metres from a State tubewell;
(b) not exceeding 100 metres from any unlined irrigation
channel other than a minor and a water course;
(c) not exceeding 25 metres from any minor.
Explanation - For the purposes of this section minor means an irrigation
channel the capacity of which does not exceed forty cusecs.
6. At any time after the day so named, any canal officer, acting
under the orders of the State Government, may enter on any land and
remove any obs truction, close any channel, demolish any tubewell and
do any other thing necessary for the application or use of the said
water.
7. No compensation shall be awarded for any damage caused
by----
(a) Stoppage or diminution of percolation of water or floods;
(b) Deterioration of climate or soil;
(c) Stoppage of navigation, or of the means of drifting
timber or watering cattle;
(d) Displacement of labour.
But compensation may be awarded in respect of any of the
following matters:-
(e) stoppage o r diminution of supply of water through any
natural channel to any defined a rtificial channel, whether
above or underground, in use at the date of the said
notification;
Power to prohi -
bit installation
of tubewells
Power of canal
officer.
Compensation
for damages.
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6. CANAL AND DRAINAGE 1974: Haryana Act 29
(f) stoppage or diminution of supply of water to any work
erected for purposes of profit on any channel, whether
natural or artificial, in use at the date of the said
notification;
(g) stoppage or diminution of supply of water through any
natural channel which has been used for purposes of
irrigation within five years next before the date of the said
notification;
(h) damage done in respect of any right to a water course of the
use of any water to which any person is entitled under the
Limitation Act, 1963, Part IV;
(i) any other substantial damage, not falling under any of the
above clauses (a), (b), (c) or (d), and caused by the exercise
of the powers conferred by this Act, which is capable of
being ascertained and estimated at the time of awarding
such compensation.
In determining the amount of such compensation, regard shall be
had to the diminution in the market value at the time of awarding
compensation, of the property in respect of which compen sation is claimed;
and, where such market value is not ascertainable, the amount shall be
recokoned at twelve times the amount of the diminution of the annual net
profits of such property caused by the exercise of the powers conferred by
this Act.
8. No claim for compensation for any such stoppa ge,
diminution or damage shall be made after the expiration of one year from
such stoppage, diminution or damage unless the Collector is satisfied that
the claimant had sufficient cause for not making the claim within such
period.
9. The Collector shall proceed to enquire in to an y such claim,
and to determine the amount of compensation, if any, which should be g iven
to the claimant. Sections 9 to 14,18 to 22, 25, 27 29 to 31, 45 and 51 to 55 of
the Land Acquisition Act, 1894, shall apply to such inquiries.
Limitation for
claims.
Enquiry into
claims and
amount of
compensation.
1974: Haryana Act 29 CANAL AND DRAINAGE 7.
10. (1) Every tenant holding under an unexpired lease,
who is in occupation of any land at the time when any stoppage or
diminution of water-supply, in respect of which compensation is allowed
under section 7, takes place, may claim an abatement of the rent
previously payable by him for the said land, on th e ground tha t the
interruption reduces the value of the holding.
(2) If water-supply is afterwards restored to the said
land, the rent of the tenant may be enhanced, in respect of such land
due to th e restored water -supply, to an amount not exceeding that at
which it stood immediately before the abatement;
Provided that such enhancement shall be on account only of
the restored water supply, and shall not affect the liability of the tenant to
enhancement of rent on any other grounds.
11. All sums of money payable for compensation under
this Part shall become due three months after the claim for such
compensation is made in respect of the stoppage, diminution or damage
complained of and simple interest at the rate of six per cent per annum
shall be allowed on any such sum remaining unpai d after the said three
months, except where the non payment of such sum is caused by the
willful neglect or refusal of the claimant to receive the same.
PART-III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
12. (1) Any Canal Officer, or the person acting under
the general or special order of Canal Officer, may enter upon any lands
adjacent to a ny canal, or through which any canal is proposed to be
made, and undertake surveys or levels thereon; and dig and bore into the
sub-soils; and make and set up suitable landmarks, level -marks a nd
water gauges; and do all other ac ts necessary for the proper prosecution
of any enquiry relating to any existing or projected canal enquiry cannot
be completed, such officer or other person may cut down and clear away
any part of any standing crop, fence or jungle; and may also enter upon
any land, building or watercourse on account of which any water-rate is
chargeable, for the purpose of inspecting and regulating the use of water-
supply, or of measuring the lands irrigated thereby or chargeable with
water-rate, and doing all things necessary for the proper regulation and
management of such canal:
Abatement of
rent on interru-
ption of water
supply
Payment of
compensation.
Power to enter
and regulate
water-supply.
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8. CANAL AND DRAINAGE 1974: Haryana Act 29
Provided that, if such Canal Officer or per son proposes to
enter into any building or enclosed court or garden attached to a
dwelling-house no 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.
(2) In every case of entry under this section the Canal
Officer shall, at the time of such entry, tender compensation for any
damage which may be occasioned by any proceeding under this
section; and, in case of dispute as to the sufficiency of the amount
so tendered, he shall forthwith refer the same for decision of the
Collector and such decision shall be final.
13. (1) 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
shich may be necessary for the purposes of repairing or preventing
such accident.
(2) In every such case such Canal Offi cer 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 fo r the damage as
through the State Government had directed the occupation of the
lands under section 35 of the Land Acquisition Act, 1894.
14. (1) There shall be provided and maintained, at
the cost of the State Government, suitable means of crossing canals
at such places as the State Government thinks necessary for the
reasonable convenience of the inhabitants of the adjacent lands.
(2) On receiving a statement in writing, signed by not
less than five of the owners of such lands, to the effect that suitable
crossings have not been provided on any canal, the Collector shall
cause an 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 G overnment, and
the State Government shall cause such measures in reference there
to be taken as it thinks proper.
Power to enter for
repairs and
payment of
compensation.
State government
to provide means
of crossing canals.
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1974: Haryana Act 29 CANAL AND DRAINAGE 9.
15. (1) The Divisional Canal Officer may issue an order
to the persons using any watercourse to construct suitable bridges,
culverts or other works for the passage of the water of such water course
across any public road, canal or drainage -channel in use before the said
watercourse was made, or to repair any such works.
(2) Such order shall specify a reasonable period
within which such construction or repairs shall be completed;
And if, after the receipt of such order, the persons to whom it
is addressed do not, within the said period, construct or repair such works
to the satisf action of the said Canal Officer, he may, with the previous
approval of the Superintending Canal Officer, himself construct or repair
the same;
And if, the said perso ns do not, when so required, pay the
cost of suc h construction or repairs as declared by the Divisional Canal
Officer, the amount shall, on the demand of the Divisional canal O fficer,
be recoverable from them as arrears of land revenue.
16. (1) If any person, jointly responsible with others for
the construction or maintenance of a watercourse, or jointly making use
of a watercourse with others, neglects or refuses to pay his share of the
cost of such construction as maintenance, or to execute his share of any
work necessary for such construction or maintenance, the Divisional
Canal Officer, on receiving an application in writing from any person
injured by such neglect or refusal, shall serve notice on all the parties
concerned that, on the expiration of a f ortnight from the service, he shall
investigate the case and shall on the expiration of that period, investigate
the case accordingly, and make such order thereon as he may deem fit.
Such order shall be appealable to the Superintending Canal Officer.
(2) An appeal shall lie to the Superintending Canal Officer
within a period of thirty days from the date of the communication of the
decision of the Divisional Canal Officer under sub -section (1) and the
order of the Superintending Canal Officer shall be final.
(3) Any sum directed by such order to be paid within a
specified period, may, if not paid within such period, and if the order
remains in force, be recovered by the Collector, from the persons directed
to pay the same, as arrears of land revenue.
Liability of
persons to con-
struct works for
passage of water
Adjustment of
claims between
persons jointly
using water-
course and re-
covery thereof.
10. CANAL AND DRAINAGE 1974: Haryana Act 29
17. (1) Notwithstanding anything contained to the contrary in
this Act but subject to the rules prescribed, 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 a lignment of
any watercourse or realignment of any existing
watercourse;
(b) allotment of any new areas to a watercourse or an outlet
or reallotment of areas served by one watercourse to
another or from one outlet to another, or for exclusion of
an area, from an outlet or a watercourse;
(c) construction of a new outlet, shifting or modification of
an existing outlet.
Explanation:- Any change in the design or size or both of a n
outlet, whose design or size or both have been changed in
an unauthorized manner, for restoring the same to its
authorized discharge shall not be deemed to be a
modification;
(d) the lining of any watercourse;
(e) the occupation of land for the deposit of soil from
watercourse clearances;
(f) Any other matter which is necessary for the proper
maintenance and distribution of supply of water from a
watercourse or an outlet.
(2) Every scheme prepared under sub -section (1) shall,
amongst other matters, set out the estimated cost ther eof, the
alignment of proposed watercourse or realignment of the existing
watercourse, as the case may be, the site of the outlet, the particulars
of the sha re-holders to be benefited and a sketch plan of the area
proposed to be covered by the scheme.
18. (1) Every scheme shall, as soon as ma y be after its
preparation, be published in such form and manner as may be
prescribed for inviting objections and suggestions in respect thereof
within twenty-one days of its publication.
Preparation of
draft scheme.
Publication of
scheme.
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1974: Haryana Act 29 CANAL AND DRAINAGE 11.
(2) After considering such objections and sugge stions, if
any, the Divisional Canal Officer shall approve, modify or reject th e
scheme within thirty days of the time for the receipt of such objections
and suggestions, unless this period is extended by the Superintending
Canal Officer for good and sufficient reasons:
Provided that in the following cases, t he prior approval of
the Chief Canal Officer shall be obtained for allowing-
(a) a new outlet on a main canal or branch canal;
(b) an outlet with discharge of less than 0.75 cusec.
19. (1 ) The Divisional Canal Officer shall, as soon as
may be, publish the fact of the rejection of scheme or the particulars of
the scheme approved or modifi ed by him under sub -section (2) of
section 18 in the prescribed manner and call upon the shareholde rs to
implement it at their own cost within the period to be specified by him
and if the shareholders fail to implement the same, he shall undertake
the construction or implementation of the scheme himself, and
recover the cost thereof from the shareholder s in the manner and
period to be specified by him. Any sum which remains unpaid, within
the specified period for this purpose, may be recovered by the
Collector from the defaulting person as arrears of land revenue.
(2) An officer, not below the rank of Sub Divisional
Canal Officer shall check the implementation of scheme at site.
20. (1) An appeal against the decision of the Divi sional
Canal Officer under sub -section (2) of section 18 shall lie to the
Superintending Canal Officer within thirty days of the publication of
the scheme under section 19.
(2) An appeal shall lie against the decision of the
Superintending Canal Officer passed under sub -section ( 1) in regard
to any of the matters covered under clauses (a ), (b) and (c) of sub -
section (1) of section 17, to the Chief Canal Officer within thirty days
of the date of such decision.
(3) The Chief Canal Officer or the Superintending Canal
Officer may suo motu, call for the record of any case pending before, or
disposed of by any subordinate authority, for the purpose of satisfying
himself as to the legality or propriety of any proceedings or of any
Publication of
scheme after
approval.
Appeal and
revision.
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12. CANAL AND DRAINAGE 1974: Haryana Act 29
order made therein and may pass such order in relation thereto as he
may think fit:
Provided that no such order shall be ma de without affording the
person affected an opportunity of being heard.
21. (1) The Divisional Canal Officer may either of his own
motion or on the application of a shareholder, publish in the manner
prescribed a notice of his intention to acquire any land required for
implementation of the scheme.
(2) Any person interested in the land notified under sub-section
(1) may within twenty -one days from the publication thereof, apply to
the Divisi onal Canal Officer by petition stating his objections to the
proposed acquisition of his rights.
(3) After considering the objections, the Divisional Canal
Officer may proceed to take the occupation of the land so required on
behalf of the shareholders.
(4) 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 shareholders in proportion to the
culturable commanded area under the scheme held by each one of them
to the owner or occupier of any land for such acquisit ion and on failure
of payment, the amount shall be recoverable as arrears of land revenue.
(5) Any person aggrieved from the order of the Divisional
Canal Officer in respect of compensation may prefer an appeal, wit hin
thirty days of the passing of the order to the Collector whose decision
shall be final.
22. On failure of any shareholder to execute the work within the
period specified in the notice under sub -section (I) of section 19, 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 shareholders as
arrears of land revenue.
23. On execution of the scheme, the Divisional Canal Officer
shall by requisition in writing, direct the shareholders to take over and
maintain the watercourses and on failure of the shareholders to comply
with this direction, he shall make arrangements for maintenance of
Notice of
acquisition of land
Recovery of cost
from share- holders
Direction for
maintenance of
water course
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1974: Haryana Act 29 CANAL AND DRAINAGE 13.
watercourse at the shareholders, cost in proportion to the culturable
commanded area under the scheme held by them and the same shall be
recoverable as arrears of land revenue.
24. (1 ) If a person demolishes, alters, enlarges or obstructs a
watercourse or a temporary watercourse or causes any damage
thereto, any person aff ected thereby may apply to the Sub -Divisional
Canal Officer for directing the restoration of the same to its original
condition.
(2) On receiving an application under sub -section (1) the Sub -
Divisional Canal Officer may, after making such enquiry as he may
deem fit, enquiry, by a notice in writing served on the person found to
be responsible for so demolishing, altering, enlarging, obstructing or
causing damage, to restore, at his own cost, the watercourse or
temporary watercourse to its original condition within such period not
exceeding twenty-one days, as may be specified in the notice:
Provided that in case of a temporary watercourse its restoration
shall not be for a period exceeding one year.
(3) If such person fails to the satisfaction of the Sub -Divisional
Canal Officer, to restore the watercourse or temporary watercourse to
its original condition within the period specified in the notice s erved
on him under sub -section (2) the Sub Divisional Canal Officer may
cause the watercourse or temporary water course to be restored to its
original condition and recover the cost incurred in respect of such
restoration from the defaulting person. The Sub -Divisional Canal
Officer may order recovery of a sum not exceeding Rs. 500 from the
defaulting person by way of penalty. Out of this sum so recovered the
Sub-Divisional Canal officer may order any amount to be paid to the
aggrieved person for the damage caused to him. In case the penalty is
not paid the same shall be recoverable as arrears of land revenue.
(4) Any person aggrieved by the order of the Sub -Divisional
Canal Officer. May prefer an appeal within fifteen days of the passing
of such order to the Divisional Canal Officer, whose decision on such
appeal shall be final.
(5) Any sum which remains unpaid withi n a period to be
specified for this purpose by the Divisional Canal Officer may be
recovered as arrears of land revenue.
Restoration of
demolished or
altered etc.
Watercourse.
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14. CANAL AND DRAINAGE 1974: Haryana Act 29
25. 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 17 to 24.
PART IV
OF THE SUPPLY OF WATER
26. In the absence of a written contract, every supply of canal
water shall be deemed to be given at the rates and subject to the
conditions prescribed.
27. Such contracts and rules must be consistent with the
following conditions:-
(1) The Divisional Canal officer may not stop the supply of
water to any watercourse, or to any person, except in the
following cases:-
(a) whenever it is necessary to stop such supply for the
purpose of executing any work ordered by the
competent authority and with the previous sanction of
the Superintending Canal Officer;
(b) whenever and so long as any watercourse is not
maintained in such proper customary repair so as to
prevent the wasteful escape of water therefrom;
(c) within periods fixed from time to time by the
Divisional Canal officer;
(d) whenever water is not used for the purpose for which
it was being supplied.
(2) No claim shall be made against the State Government for
compensation in respect of loss caused by the failure or
stoppage or reduction of water in the canal by reason of
any cause beyond the control of the State Government or
of any repairs, alterations or additions to canals, or of any
measures taken for the regulating the proper flow of water
therein or for maintaining the established course of
irrigation which the Divisional Canal officer considers
necessary; but the person suffering such loss may claim
such remission of the ordinary charges payable for the use
of the water as is authorized by the State Government.
In absence of written
contract water-supply
to be subject to rules.
Power to stop
water-supply and
compensation.
Bar Jurisdiction of
civil court.
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1974: Haryana Act 29 CANAL AND DRAINAGE 15.
(3) If the supply of water to any land irrigated from a canal be
interrupted otherwise than in the manner prescribed in sub
section (2), the occupier or owner of such land may present
a petition for compensation to the Collector for any loss
arising from such interruption, and the Collector may award
to the petitioner reasonable compensation for such loss.
(4) When the water of a canal is supplied for the irrigation of a
single crop, the permission to use such water shall be held
to continue only until that cr op comes to maturity, but if it
be supplied for irrigation two or more crops to be raised on
the same land within the year, such permission shall be held
to continue for one year from the commencement of the
irrigation and to apply to such crops only as ma tured within
that year.
(5) If any written contract or agreement for the supply of canal
water has been made in which the period has not been
specifically mentioned, it shall be deemed to have been
made for one year unless such contract or agreement is
renewed for another year.
Provided that a contract or agreement executed before the
commencement of this act, shall, if a period of one year or
more has already expired, cease to have effect on the date of
commencement of this Act.
(6) No person, entitled to use the water of any canal or any
work, building or land appertaining to any canal, shall sell
or sublet or otherwise transfer his right to such use, without
the permission of the Superintending Canal Officer:
Provided that the aforesaid provision shall not apply to the use by
a cultivating tenant the water supplied to the owner for the
irrigation of the land held by such tenant.
Provided further that all contract made between the State
Government and the owner or occupier of any immovable
property as to the supply of canal water to such property,
shall be transferable therewith, and shall be presumed to
have been so transferred whenever a transfer of such
property take place.
*Substituted vide Legislative Department Notification No. 31 -Leg/80 dated
the 30th July, 1980
16. CANAL AND DRAINAGE 1974: Haryana Act 29
(7) No right to the use of the water of a canal shall be, or be
deemed to have been acquired under the Limitation Act,
1963, Part IV, nor shall the State Government be bound to
supply any person with water except in accordance with the
terms of a contract in writing.
(8) where the supplies are made under some contract or
agreement for specified purpose, the Divisional Canal
Officer may stop such supplies after giving notice to the
person concerned and after affording him an opportunity of
being heard, on the g round that there is breach of contract
or agreement or the water is needed for the public purposes
by the State Government.
PART V
OF WATER RATES
28. If water supplied through a canal is used in an unauthorised
manner, and if the person by whose Ac t or neglect such use has
occured cannot be identified, the person who has derived or may
derive benefit therefrom, shall be liable to the charges presc ribed for
such use.
29. I f water supplied through a watercourse or an outlet be
suffered to run to waste and if, after enquiry by the Sub -Divisional
Canal Officer, the person through whose act or neglect such water
was suffered to run to waste cannot be discovered, all the persons
chargeable in respect of water supplied through such watercourse or
an outlet shall be jointly liable for the charges made in respect of
water so wasted.
*30. (1) All charges for the unauthorised use or waste of water
may be recovered in addition to any penalties incurred on account of
such use or waste.
(2) All questions, under sections 28 and 29, including questions
pending for disposal on the commencement of the Haryana Canal and
Drainage (Amendment) Act, 1980 shall be decided by the Canal
Executive Officer.
(3) An appeal shall lie to the Collector against the decision of
the Divisional Canal Officer empowered under sub -section (2) within
a period of thirty days from the date of such decision.
Liability when person
using unauthorisedly
cannot be identified.
Liability when water
run to waste.
Charges recoverable
in addition to
penalties.
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1974: Haryana Act 29 CANAL AND DRAINAGE 17.
(4) The Commissioner may, on an application made in his behalf
by an aggrieved person, within a period of thirty days from the date of
the orders, revise an order passed in appeal under sub-section (3).
“Explanation :- for the purposes of sub -sections(2) and (3), “ Canal
Executive Officer” means a member of the Haryana Civil
service (Executive Branch) specia lly empowered by the State
Government by notification, in this behalf.”
31. (1) The rates to be charged for canal water supplied for
purposes or irrigation to the occupiers of land shall be determined in the
manner prescribed and such occupiers as accept the water, shall pay for
it accordingly. The rate so charged shall be called the “occupier’s rate”
or “water rate”
(2) The State Government may prescribe what persons are to be
deemed to be occupiers for the purposes of this section and may also
determine the several liabilities, in respect of the payment of the
occupier’s rate, of tenants and of persons to whom tenants may have
sublet their lands or of proprietors.
32. In addition to the occupier’s rate, a rate to be called the
“owner’s rate, may be imposed, in the manner prescribed on the owners
of canals irrigated land in respect of the benefit which they derive from
such irrigation.
33. The owner’s rate shall not exceed the sum which under the
rules for the time being in force for the assessment of land holding tax
might be assessed on such land.
34. Where a water -rate is charged on land held by several joint
owners, it shall be payable by the manager or other person who receives
the rents or profits of such land and may be deducted by him from such
rents or profits before division, or may be recovered by him from the
persons liable to such rate in the manner customary for the recovery of
other charges on such rents or profits.
35. Any sum lawfully due under this part, and certified by the
Divisional Canal Officer to be so due, which remains unpaid after the
day on which it becomes due, shall be reco verable from the person
liable for the same as arrears of land revenue.
36. (1) The Divisional Canal Officer may enter into an agreement
with any person for the collection and payment to the State Government
by such person of any sum payable under this Act by a third party.
Water-rate by
whom payable.
Amount of owner’s
rate.
Certified dues
recoverable as
land revenue
Power to contract
for collection of
dues.
Determination
of water charges
Owner’s rate.
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18. CANAL AND DRAINAGE 1974: Haryana Act 29
(2) when such agreement has been made, such person may
recover such sum by suit as though it were a debt to him, or an arrear of
rent due to him on account of the land, work or building in respect of
which such sum is payable, or for or in which the canal water shall have
been supplied or used.
(3) If such person makes default in the payment of any sum
collected by him under this section such sum may be recovered from
him in the manner provided in section 35, and if such sum or any part of
it be still due from the said third party, the sum or part so due may be
recovered in like manner from such third party.
37. (1) The Collector may require the lambardar or any other
person engaged to collect the land revenue, or any tax in lieu thereof, to
collect any sums payable under this Act by a third party in respect of
any land or water in such estate and to pay it to the State Government in
the manner prescribed.
(2) Such sum shall be recoverable as if they were arrears of land
revenue due in respect of the defaulter’s share in such estates; and for
the purpose of collecting such sum from the persons liable to pay the
same, such Lambardar or person may exercise the power laid down in
the law for the time being in force in respect of the collection by him of
the rents of land or of shares of land revenue or any tax in lieu thereof.
(3) The State Government may prescribe—
(a) for remunerating the persons collecting sums under this
section; and
(b) for indemnifying them against expenses properly
incurred by them in such collection.
38. Excent as otherwise provided, nothing in sections 35, 36 and
37 applies to fines.
PART VI
OF CANAL NAVIGATION
(39) (1) Any vessel entering or navigating any canal contrary
to the rules made in that behalf by the State Government, or so as to
cause danger to the canal or the other vessels therein, may be removed
or detained, Excerpt shown. Open the full act in Lexace.