LexThe Himachal Pradesh Minor Canals Act, 1976
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH MINOR CANALS ACT, 1976
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Operation of this Act.
3. Definitions.
CHAPTER II
CONSTRUCTION OF CANALS
4. Prohibition against construction of canals without permission.
5. Application for permission and procedure thereon.
6. Power of Collector to construct canal from notified source of
supply.
7. Power to prohibit the unauthorised construction of and to close
unauthorised canals.
CHAPTER III
PROVISIONS APPLICABLE TO CANALS UNDER
SCHEDULE-I
8. This Chapter is applicable only to canals under Schedule I.
9. General powers of Collector.
10. Power of the State Government to suspend or extinguish rights
in or over any Scheduled canal on payment of compensation.
11. Power to enter and survey etc.
12. Power to enter for repairs and to prevent accidents.
13. Power to occupy land adjacent to canal for depositing soil from
canal and to excavate earth for repairs to and construction of the
banks and compensation for damage.
14. Supply of water through intervening water-course.
15. Application for construction of new water-course.
16. Procedure of Collector thereupon.
17. Application for transfer of existing water-course.
18. Inquiry into and determination of objection to construction or
transfer of water- courses.
19. Expenses to be paid by applicant for construction or transfer of
water-course before receiving occupation.
2 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
20. Conditions binding on applicant placed in possession.
21. Construction of outlets from canals by Collector.
22. Power to convert several water-courses running for a long
distance side by side into one water-course.
23. Procedure applicable to occupation for extensions and
alterations.
24. Costs of executing works under section 22 by whom payable.
25. Cost to be borne by the owners of the land benefited.
26. Power of Collector upon issue of notification under section 25.
27. Power to prepare record for canal.
WATER RATES
28. Levy of water rates.
29. Liability when person using unauthorisedly cannot be
identified.
30. Penalty when water runs to waste.
31. Charges recoverable in addition to penalties.
CHAPTER IV
PROVISIONS APPLICABLE TO CANALS INCLUDED
UNDER SCHEDULE II
32. This chapter is applicable only to canals under Schedule II
33. Power of the State Government to apply the provisions of
section 27 to any canal.
34. Power to assume control or management or both of a canal.
35. Right of owner upon such assumption to demand that the canal
shall be acquired by the Government.
36. Power to acquire canal on demand of owner.
37. Power to fix the limits of irrigation and water rates and to
regulate the distribution of water.
CHAPTER V
PROVISIONS APPLICABLE TO ALL CANALS
38. This chapter is applicable to all canals.
39. Consent or decision of the owner to be determined.
40. Settlement of disputes.
41. Acquisition of land for canals.
42. Power to acquire canals by consent or otherwise.
43. Power to regulate flow of water in rivers, creeks, natural
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
3
channels or lines of natural drainage and to prohibit therein or
order removal therefrom of obstructions.
44. Power to remove obstruction after publication of notification
and payment of compensation.
45. Power of the Collector to regulate flow of water and prohibit or
remove obstructions.
46. Power as to the construction and the maintenance of works in
respect of canals under Schedule II.
47. Power as to the construction and maintenance of works in
respect of canals under Schedule I.
48. Power to take possession and to construct works in cases of
emergency.
49. Assessment of compensation.
50. Compensation for a right of user or in the form of supply of
water.
51. Apportionment and recovery of the cost of land acquired or
works executed.
52. Power to regulate mills.
53. Application of sections 14 to 17 of the Himachal Pradesh Land
Revenue Act, 1954.
54. Exclusion of jurisdiction of civil court except under the Land
Acquisition Act.
55. Power to appoint officers to perform functions and to exercise
powers under this Act.
56. Power of Collector in certain proceedings under this Act.
57. Permission to owners and parties interested in any canal to
object in certain cases.
58. Mode of serving notices and making proclamation.
59. Bar of compensation where not expressly allowed.
60. Protection of persons acting under this Act.
61. State Government to be party to certain suits and proceedings.
62. Power to recover water dues and other charges by revenue
process.
63. Powers as regards canals, rivers or creeks situated partly within
or partly without the limits of Himachal Pradesh.
64. Powers exerciseable in cases of urgency with regard to canals
situated beyond Himachal Pradesh.
65. Offences under this Act.
4 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
66. Power to arrest without a warrant.
67. Definition of canal for purposes of sections 65 and 66.
68. Power to make rules.
69. Repeal and savings.
Schedule I.
Schedule II.
_________
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
(ACT NO. 42 OF 1976)1
(Received the assent of the President of India on the 11th November,
1976 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated the 29th November, 1976, pp. 1943-1977).
An Act to make better provision for the control and management of
minor canals and to provide for the levy of water charges thereon
in Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-seventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Minor Canals Act, 1976.
(2) It shall extend to the whole of Himachal Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint in this behalf.
2. Operation of this 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 State
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 State Government may direct
shall apply to such canal ; or
1. For Statement of Reasons see Rajpatra, Himachal Pradesh (Extra-ordinary), dated
1st September, 1976, p. 1646.
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
5
(b) exclude from the operation of this Act any canal included
under either Schedule I or Schedule II :
Provided that no canal shall be included under
Schedule I, unless -
(a) it is owned in whole or in part by the Government ; or
(b) is at the commencement of this Act, managed by the
Government or by any local authority ; or
(c) is situated 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 by direction of the State Government :
Provided further that only private kuhls affecting more
than one beneficiary and covering an area not less than
twenty acres shall be included in Schedule II .
3. Definitions.- In this Act, unless there is something repugnant in the
subject or context-
(i) "beneficiary" means in respect of any canal, any person for
the time being deriving, or who is to derive, benefit,
directly or indirectly, from such canal;
(ii) "canal" means any canal, natural or artificial channel or line
of natural drainage or any reservoir, dam or embankment,
well, tubewell and lift irrigation arrangements constructed,
maintained or controlled for the supply or storage of water
or the protection of land from flood or sand, and includes
any water-course or subsidiary works as defined in this
section ;
(iii) "Collector" means the Collector of a District and includes
any officer appointed or authorised by the Government
under this Act to exercise all or any of the powers of a
Collector;
(iv) "Commissioner" means any officer appointed under this
Act to exercise all or any of the powers of a Commissioner;
(v) "construction" or "construct" includes 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 does not include the
re-excavation of a canal-head which has been temporarily
abandoned owing to 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
6 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
obstructed by deposit of silt, naturally flow at some period
of the year ;
(vii) "district" means a district as fixed for revenue purposes ;
(viii) "Government" or "State Government" means the
Government of Himachal Pradesh;
(ix) "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 landowner
or any other person having interest in such land ;
(x) "labour" includes labourers, cattle and appliances necessary
for the execution of the work for which labour is to be
supplied ;
(xi) "local authority" means a municipal committee, municipal
corporation, small town committee, notified area
committee, gram panchayat, panchayat samiti, zila parishad
or other authority legally entitled to or entrusted by the
Government with the control or management of the
municipal or local fund;
(xii) "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 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 ;
(xiii) "notification" means notification published in the Official
Gazette;
(xiv) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(xv) "prescribed" means prescribed by rules made under this
Act;
(xvi) "record-of-rights" and "Revenue Officer" have the
meanings assigned to them respectively in the Himachal
Pradesh Land Revenue Act, 1954 (6 of 1954) ;
(xvii) "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
regulation of the irrigation therefrom or for the prevention
of floods or for the provisions of proper drainage, in
connection with such irrigation, and includes also the land
required for such work ;
(xviii) “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
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
7
with such channel except the sluice or outlet through which
water is supplied to such channel ;
(xix) "landowner" shall have the same meaning as assigned to it
in the Himachal Pradesh Land Revenue Act, 1954 (6 of
1954); and
(xx) "water rate", means the charge made for canal water.
CHAPTER II
CONSTRUCTION OF CANALS
4. Prohibition against construction of canals without permission.-
When the State 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 or to the construction
of wells.
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 State Government under section 4,
may apply, in writing, to the Collector for the permission referred to in that
section.
(2) Every application under sub-section (1) shall be in such form, and
shall contain such particulars, as the State 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 State
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 or allow construction of 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 44 and 57 shall apply to all proceedings
of the Collector under sub-section (1) of this section and under the preceding
section, and power conferred upon the Collector by this and the preceding
sections shall be exercised subject to such sanction as the Government may
prescribe and in accordance with the rules made by the Government.
7. Power to prohibit the unauthorised construction of and to close
unauthorised canals.- (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
8 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
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 a construction which would
materially extend the area irrigable by a 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 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
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.
CHAPTER III
PROVISIONS APPLICABLE TO CANALS UNDER
SCHEDULE-I
8. This chapter is applicable only to canals under Schedule I.-
Except as the Government may otherwise direct under section 63, the
provisions of this chapter shall apply only to canals for the time being
included under Schedule-I.
9. 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 persons 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 to any person.
(2) No claim shall be enforceable against the 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), the Collector shall award compensation under
section 49 to such person in respect of the diminution 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 Limitation Act, 1963 (36 of 1963), nor shall
the State Government be bound to supply any person with water.
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
9
10. Power of the State Government to suspend or extinguish
rights in or over any Scheduled canal on payment of compensation.- (1)
The 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 rights 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 State Government shall cause to be paid to
the person whose right is suspended or extinguished, compensation to be
assessed by the Collector under section 49. 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.
11. Power to enter and survey etc.- The Collector or other person
acting under the general or special orders of the Collector may enter upon
any lands adjacent to any canal, or through which any canal is proposed to be
made, and undertake surveys or levels thereon and dig and bore into the
sub-soil; and make and set up suitable land-marks, level-marks and water
gauges ; and to 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 ;
Power to clear land.- 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 ;
Power to inspect and regulate water supply.- and may also enter upon
any land, building or water-course on account of which any water rate is
chargeable, or has been remitted either in whole or in part or included in the
land revenue thereof, for the purpose of inspecting or regulating the use of
the water supplied, or of measuring the land irrigated thereby or chargeable
with the water rate, and of doing all things necessary for the proper
regulation and management of such canal;
Notice of intended entry into house.- 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 day's notice in writing of his intention to do so ;
Compensation for damage caused by entry.- and 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.
12. Power to enter for repairs and to prevent accidents.- (1) 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 land adjacent to such canal, and may execute all
works which may be necessary for the purpose of repairing or preventing
such accident.
10 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
(2) Compensation for damage to lands.- In every case under
sub-section (1), the Collector shall, upon application made to him in this
behalf, assess and pay compensation under section 49 for any damage which
may be occasioned by any proceeding under this section.
13. Power to occupy land adjacent to canal for depositing soil
from canal and to excavate earth for repairs to and construction of 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 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 banks, and
construction of the canal.
(2) The Collector shall, upon an application made to him in this
behalf, assess and pay compensation for any damage which may be
occasioned by any proceeding under this section.
(3) The owner of any land which has been occupied after the
comment of this Act for any purpose under sub-section (1) and has remained
in such occupation for period exceeding three years may require that such
land shall be permanently acquired in accordance with the provisions of
section 41.
14. Supply of water through intervening water-course.- (1)
Whenever an application is made to a Collector for supply of water from a
canal, and it appears to him expedient that such supply should be given and
that it should be conveyed through some existing water-course, he shall give
notice to persons responsible for the maintenance of such water-course to
show cause, on the day not less than fourteen days from the date of such
notice, why the said supply should not be so conveyed and, after making
such inquiry as he deems fit, the Collector shall determine whether and on
what conditions, the said supply shall be conveyed through such
water-course.
(2) The applicant shall not be entitled to use such water-course as
aforesaid until he has paid the expenses of any alteration of such
water-course necessary in order to his being supplied through it, and also
such share of the initial cost of construction 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.
15. 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 ;
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
11
(ii) that he desires the Collector, on his behalf and at his cost, to
do all things necessary for acquiring such rights ; and
(iii) that he is able and willing to defray all cost involved in
acquisition such right and constructing such water-course.
16. 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 19 ; and upon
such deposit being made, he shall cause inquiry to be made
into the most suitable alignment of 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.
17. Application for transfer of existing water-course.-(1) Any
person, desiring that an existing water-course should be transferred from its
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, on his behalf and at his cost, to
do all things necessary for procuring such transfer ; and
(iii) that he is able and willing to defray the cost of such transfer.
(2) 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 19 in respect of
such transfer; and, upon such deposit being made, he shall
publish a notice of the application in every village affected.
18. Inquiry into and determination of objection to construction or
transfer of water-courses.- (1) When within thirty days from the
publication of a notice under section 16 or section 17, 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
12 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
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.
19. Expenses to be paid by applicant for construction or transfer
of water-course before receiving occupation.- (1) No applicant under
section 15 or 17, 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.
(2) Procedure in fixing compensation.- Compensation to be made
under this section shall be assessed as provided in section 49 but the
Collector may, if the person to be compensated so desires, award such
compensation in the form of rent charge payable in respect of the land or
water-course occupied or transferred.
(3) Recovery of compensation and expenses.- If such compensation
and expenses are not paid when demanded by the person entitled to receive
the same, the amount may be recovered by the Collector as arrears of land
revenue, and shall, when recovered, be paid by him to the person entitled to
receive the same.
20. Conditions binding on applicant placed in possession.- (1)
When any such applicant has duly complied with the conditions laid down in
section 19, he shall be placed in possession of the land or water-course as
aforesaid, and the following rules and conditions shall thereafter be binding
on him and his representatives in interest :-
(a) in all cases-
First-all works necessary for the passage across such
water-course existing previous to its construction and of the
drainage intercepted by it, and for affording proper
communication across it for the convenience of the
neighbouring lands, shall be constructed by the applicant, and
be maintained by him or his representatives in interest to the
satisfaction of the Collector ;
Second-land occupied for a water-course under the provisions
of section 16 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;
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
13
(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 representatives in interest shall, so
long as he occupied 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 rent 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 representatives in interest, the
Collector may recover the amount with interest thereon at the
rate of 12 per cent per annum from the date on which it
became due as arrears of land revenue 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 representatives in interest to occupy such land or water-course shall
cease absolutely.
21. 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.
22. 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 and recover the cost of such work from the
owners in such proportion as he may decide.
(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
14 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
shares in which the water shall be enjoyed by the persons entitled to use the
water-course.
23. Procedure applicable to occupation for extensions and
alterations.- The procedure hereinbefore provided for the occupation of land
for the construction of 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.
24. Costs of executing works under section 22 by whom payable.-
In every case under section 22, the cost of executing or completing the works
shall be payable by such person or persons deriving benefit from the
water-course as the Collector may, in each case, determine.
25. Cost to be borne by the owners of the land benefited.- (1) The
Government on receipt of demand in writing may, by notification, direct that
a canal shall be constructed from a river, stream, creek or another canal for
the irrigation of land in an estate or estates to be mentioned in the notification
and that the cost of such construction shall be borne in whole or in part by
the owners of the land to be benefited from the canal.
(2) Provisions of this Act to apply to the new canals.- The provisions
of this Act in regards to the construction, repairs, maintenance and
management of canals included in Schedule I shall apply to the new canals
constructed in pursuance of the Government notification issued under
sub-section (1).
26. Power of Collector upon issue of notification under section
25.- Upon the issue of notification under section 25, the Collector may, from
time to time, by general or special order-
(a) determine the amount to be deposited in advance by each
irrigator as his share of cost of such construction to be borne
by him ;
(b) recover the amount so determined from any person who fails
to comply with an order passed under this section ; and
(c) fund all costs so recovered and expend them on the
construction of any of the canals to which notification applies
or subject to the provisions, if any, of the record-of-rights
specified in section 27 on any other purpose connected with
the well being thereof.
27. Power to prepare record for canal.- (1) The Collector shall,
whenever the State Government may, by special order or by the rules made
under the authority of this Act, so direct, prepare or revise for 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 ;
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
15
(c) the rights as to the erection, repair, reconstruction and
working of mills, and the conditions on which such rights are
enjoyed ; and
(d) such other matters as the 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 the 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 the Government and has been attested by the 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 directions of the Collector, all information
necessary for the correct preparation of a record under this section.
(5) The provisions of Chapter IV of the Himachal Pradesh Land
Revenue Act, 1954 (6 of 1954), shall, so far as may be, apply to the
preparation and revision of every such record.
WATER RATES
28. Levy of water rates.- (1) Subject to the terms of any agreement
made by it with the owners or irrigators, the 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. Such rate or rates shall be determined keeping
due regard to the maintenance and operation charges for the system and the
cost of collection of the water rates.
(2) The Government may, by notification, direct that in addition to or
in lieu of the rate or rates above-mentioned, the land revenue for the time
being assessed on the land receiving canal water shall be enhanced in
consequence of the change of class of the land from unirrigated to irrigated :
Provided that the new rate of assessment shall not exceed that fixed at
the time of settlement for irrigated lands of the same class in the same village
or in its vicinity:
Provided further that the Government may allow such lands to
continue to be assessed at the rate or rates at which they were assessed
immediately before they became irrigated, for a number of harvests to be
fixed by the Government.
(3) The Government may, by notification, also impose a special rate
to water obtained or used without authority or in an unauthorised manner.
16 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
(4) The rate or rates imposed under sub-section (1) or sub-section (2)
or sub-section (3) shall be leviable from such persons deriving benefit from
the water as the Government may, by general or special rule, direct.
(5) 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 Government may, by general or special rule, direct.
(6) In the event of failure of crop to the extent of 10% or more due to
the reason beyond the control of the farmer, he shall be entitled to remission
of rates in proportion to the failure of that crop :
Provided that decision of the Collector regarding the extent of failure
of the crop shall be final.
29. Liability when person using unauthorisedly cannot be
identified.- If water supplied through a water-course be used in an
un-authorised 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.
30. Penalty when water runs to waste.- If water supplied through a
water-course, be suffered to run to waste, and if, after inquiry by the
Collector, the person through whose act or neglect such water was suffered
to run to waste cannot be discovered, all the persons chargeable in respect of
the water supplied through such water-course shall be jointly liable for the
charges made in respect of the water so wasted.
31. Charges recoverable in addition to penalties.- (1) All charges
for the unauthorised use or for waste of water may be recovered in addition
to any penalties which may be prescribed on account of such use or waste.
(2) All questions under section 29 and section 30 shall be decided by
the Collector.
CHAPTER IV
PROVISIONS APPLICABLE TO CANALS INCLUDED
UNDER SCHEDULE II
32. This chapter is applicable only to canals under Schedule II.-
(1) Except as the Government may otherwise direct under section 63, the
provisions of this chapter shall apply only to canals for the time being
included under Schedule II.
(2) Appointment of Manager.- Where there are numerous
share-holders in the ownership of 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 HIMACHAL PRADESH MINOR CANALS ACT, 1976
17
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 share-holders, 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
bonafide acts and things so done by him shall be binding upon every person
who possesses any share in the ownership of such canal.
33. Power of the State Government to apply the provisions of
section 27 to any canal.- The State Government may, by notification,
declare all or any of the provisions of section 27 (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.
34. Power to assume control or management or both of a canal.-
(1) It shall be lawful for the 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 inquiry, the 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 ; and
(c) in the event of any wilful and continuous breach of orders
issued under section 37 of this Act.
(2) When the control or management or both of any canal is assumed
under the provisions of sub-section (1), the 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 the Government shall, in the
absence of any decree or agreement to the contrary, be liable to account,
from time to time, to such owner for the income and expenditure thereof and
may, at any time restore the canal to the owner.
35. 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 Government under
clause (b) or clause (c) of sub-section (1) of section 34, 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.
36. Power to acquire canal on demand of owner.- On receipt of
notice under section 35, the State Government shall by notification, declare
that the said canal will be acquired after a day to be named in the said
18 THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
notification, not being earlier than three months from the date thereof, and
after the issue of such notification, the Collector shall proceed to acquire the
said canal under the provisions of the Land Acquisition Act, 1894 (1 of
1894).
37. Power to fix the limits of irrigation and water rates and to
regulate the distribution of water.- The State 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; and
(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 reasons of any
order passed under this section, the owners of such land or the canal owner
shall be paid by the Government or by such persons as the Government may
determine, such compensation as the Collector may consider reasonable:
Provided further that if the canal owner has, in the opinion of the
Government, exercised his powers as such in an arbitrary or inequitable
manner, he shall not be entitled to compensation under this section.
CHAPTER V
PROVISIONS APPLICABLE TO ALL CANALS
38. This chapter is 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.
39. Consent or decision of the owner how to be determined.- (1)
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 to such request, consent or decision
it shall be lawful for the Collector to act on behalf of the owners 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.
(2) In every such case as aforesaid, the Collector shall give due
consideration to the wishes of the shareholder or shareholders who possess
the larger interest and when the question is one whether the Government
THE HIMACHAL PRADESH MINOR CANALS ACT, 1976
19
shall be required to take any action, the wishes of such shareholder or
shareholdExcerpt shown. Open the full act in Lexace.