The Punjab Canal and Drainage Act, 2023.

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50
EXTRAORDINARY
Published by Authority
CHANDIGARH, WEDNESDAY, DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
( cxvi )
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab Canal and  Drainage Act, 2023.
Part - II Ordinances
   Nil
Part - III Delegated Legislation
Notification No. G.S.R. 89/P.A.1/1914/S.59/
Amd.(160)/2023,dated the 26th December,
2023, containing amendment in the Punjab
Liquor License Rules, 1956.
Part - IV Correction  Slips,  Republications and
Replacements
   Nil
..  1411
..  51-73
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The  27th December, 2023
No. 11-Leg./2023.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the  18th  day of
December, 2023, is hereby published for general information:-
THE PUNJAB CANAL  AND DRAINAGE ACT, 2023
(Punjab Act No. 11 of 2023)
AN
ACT
to regulate irrigation, navigation and drainage in the State of Punjab.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
fourth Year of the Republic of India as follows: -
PART I
PRELIMINARY
1. (1) This Act may be called the Punjab Canal and Drainage Act, 2023.
(2) It shall extend to the whole of the State of Punjab.
(3) It shall come into force on such date as the State Government may,
by notification, appoint.
2. In this Act, unless there is anything repugnant in the subject or context:-
(1) “canal” includes.-
(a) all canals, channels and reservoirs constructed, maintained or
controlled by the State Government for the supply or storage
of water;
(b)   all works, embankments, structures, including outlets, supply
and escape channels connected with such canals, channels or
reservoirs;
(c)    all water-courses;
(d) all parts of a river, stream, lake or natural collection of water
or natural drainage channel, to which the State Government
has applied the provisions of Part II of this Act;
Short title,
extent and
commencement.
Definitions.
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(e) all field drains;
(f)      all State tubewells; and
(g)    all drains, works, embankments and structures,  connected
with drains, maintained or controlled by the State Government;
(2) “Canal Of ficer” means an of ficer appointed under this Act by the
State  Government, by notification, to exercise 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 any officer appointed to perform the
functions of Deputy Collector under this Act;
(3) “Collector” means a revenue officer as specified as Collector in
the Punjab Land Revenue Act 1887, and includes any other officer appointed
under this Act by the State Government, by notification, to exercise all or any
of the powers of a Collector;
(4) “Commissioner” means a revenue officer as specified as
Commissioner in the Punjab Land Revenue Act, 1887, and includes any officer
appointed under this Act by the State Government, by notification, to exercise
all or any of the powers of a Commissioner;
(5) “culturable command area” means that portion of a culturable
irrigable area which is commanded by flow or lift irrigation from an irrigation
channel, outlet or State tubewell;
(6) “district” means a revenue district notified by the Department of
Revenue;
(7) “drainage work” includes escape channels from canals, dams, weirs,
embankments, sluices, groins and other works for the protection of lands from
flood or from erosion, formed or maintained by the State Government under
the provisions of Part VII of this Act, but does not include works for the
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removal of sewage from towns, villages or any other habitat by whatever
name it is known.;
(8) “field drain” includes drains and other similar works constructed or
maintained by land owners themselves;
(9) “outlet” means a structure along with its appurtenant works fixed
or constructed by the State Government on minor, distributary or branch canal
or main canal to receive water from canal and to deliver it to fields through
water course;
(10) “prescribed” means prescribed by rules made under this Act;
(11) “shareholder” means a person or tenant as defined in the Punjab
Tenancy Act, 1887;
(12)   “State Government” means the Government of the State of Punjab
in Department of Water Resources;
(13)  “State tubewell” means a tubewell hitherto constructed, maintained
or controlled or which may be hereafter constructed, maintained or controlled
by the S tate Government or the Punjab Water Resources Management and
Development Corporation Limited, and includes all mechanical and electrical
appliances, tools and structures appertaining to it  and  necessary  for  the
abstraction of water from it;
(14) “temporary watercourse” means a watercourse which has been
supplying canal water and running for a period of not less than six months. but
which is not a watercourse as herein defined;
(15) “tubewell” means any device for lifting water either from below
the surface of the ground or from canal by mechanical means operated otherwise
than by human or animal power;
(16) “watercourse” means any channel or pipeline including all its
subsidiary works which is supplied with water from a canal, but not maintained
at the cost of the State Government, and is sanctioned under this Act or is in
existence under an agreement or by prescription;
(17) “water user” means an individual or body corporate or an association
or a group, using water in a command area;
(18) “W ater Users’  Association” means a body of water users at a
particular level of a canal system for flow as well as lift irrigation; and
(19) “vessel” includes boats, rafts, timber and other floating bodies.
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3. (1) The State Government may, from time to time, declare, by notification
in the Official Gazette, the officers of the State Government or of the Punjab
Water Resources Management and Development Corporation Limited, by
whom, the matters in respect of which and the local limits within which all or
any of the powers or duties hereinafter conferred or imposed shall be exercised
or performed.
(2) All officers mentioned in clause (2) of section 2 shall be subject to the
orders of such officers as the State Government may, from time to time, direct.
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
4. (1) Whenever it appears expedient to the State Government that the
water of any river or stream flowing in a natural channel, or of any lake or
other natural collection or still water, should be applied or used by the S tate
Government for the purposes of any existing or projected canal or drainage
work, the State Government may, by notification in the Official Gazette, declare
that the said water will be so applied or used after a day to be named in the
said notification.
(2) As soon as it is practicable after the issue of such notification, the
Collector shall cause public notice to be given in the manner prescribed, stating
that the State Government intends to apply or use the said water.
(3) The persons affected by such notification shall be entitled to lodge
claims for compensation in respect of matters mentioned in section 7 before
the Collector.
5. The State Government may, by notification in the Official Gazette,
prohibit installation of any tubewell other than a State tubewell within a distance
of, not exceeding 150 meters from a State tubewell.
6. At any time after the day so named, any Canal Of ficer, acting
under  the  orders  of  the  State  Government,  may enter  on  any land  and
remove  any  obstruction,  close  any  channel,  demolish  any tubewell  and do
any  other  thing  necessary  for  the  application  or  use  of  the  said water .
7. The compensation may be awarded for any damage caused for the
following matters, namely:-
(a) stoppage or diminution of supply of water through any      natural
channel to any defined artificial channel, whether above or
Power to
appoint
officers.
Utilization of
water for
public
purposes.
Power to
prohibit
installation
of tubewells.
Power of
Canal Officer.
Compensation
for damages.
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underground, in use at the date of the said notification;
(b) stoppage or diminution of supply of water to any work erected
for purposes of profit on any channel, whether natural or
artificial, in use at the date of the said notification;
(c) stoppage  or  diminution  of  supply  of  water  through  any
natural channel which has been used for purposes of irrigation
within five years next before the date of the said notification;
(d) damage done in respect of any right to a water course of the
use of any water to which any person is entitled under the
Limitation Act, 1963, Part IV; and
(e) any other substantial damage, not falling under any of the above
clauses (a), (b), (c) or (d), and caused by the exercise of the powers
conferred by this Act, which is capable of being ascertained and
estimated at the time of awarding such compensation.
In determining the amount of such compensation, the procedure as
per the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 shall be followed.
PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
8.    (1) Any Canal Officer, or the person acting under the general or special
order of a Canal Officer, may enter upon any lands adjacent to any canal, or
through which any canal is proposed to be made, and undertake surveys or
levels thereon; and dig and bore into the sub-soil;  and  make  and  set  up
suitable  landmarks,  level-marks  and water gauges; and do all other acts
necessary for the proper prosecution of any enquiry relating to any existing or
projected canal with the charge of the said Canal officer and where otherwise
such enquiry cannot be completed, such officer or other person may cut down
and clear away any part of any standing crop, fence or jungle; and may also
enter upon any land, building or watercourse on account of which any water-
rate is chargeable, for the purpose of inspecting and regulating the use of
water- supply, or of measuring the lands irrigated thereby or chargeable with
water-rate, and of doing all things necessary for the proper regulation and
management of such canal:
Provided that if such Canal Officer or person proposes to enter into
any building or enclosed court or garden attached to a dwelling-house supplied
Power to
enter and
regulate
water supply.
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with water flowing from any canal, he shall previously give the occupier of
such building, court or garden at least seven days' notice in writing of his
intention to do so. However, he may take any person(s) of that very locality
along with him, if in any case such person(s) is not available then Canal Officer
may proceed forthwith, on his own.
(2) In every case of entry under this section, the Canal Officer shall, at
the time of such entry , tender compensation for any damage which may be
occasioned by any proceeding under this section; and, in case of dispute as to
the sufficiency of the amount so tendered, he shall forthwith refer the same
for decision of the Collector and such decision shall be final.
9. (1) In case of any accident happening or being apprehended to a canal,
any Canal Officer or any person acting under his general or special orders in
this behalf may enter upon any lands adjacent to such canal and may execute
all works which may be necessary for the purposes of repairing or preventing
such accident.
(2) In every such case, such Canal Officer or person shall tender
compensation to the proprietor(s) or occupier(s) of the said lands for all damage
done to the same. If such tender is not accepted by the affected proprietor(s)
or occupier(s) then he may apply to the Collector for revision within thirty
days. The Collector after getting report from the Canal Officer shall proceed
to award compensation as per the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(3) Any revision against the orders of the Collector under sub-section
(2) shall lie with the State Government to be filed with ninety days of the order
of the Collector. The State Government shall decide the matter within ninety
days after receipt of revision application, whose decision shall be final.
10. (1) There shall be provided and maintained, at the cost of the State
Government, suitable means of crossing canals at such places as the State
Government thinks necessary for the reasonable convenience of the inhabitants
of the adjacent lands.
(2) On receiving a statement in writing, signed by not less than twenty-
five of the owners of such lands adjacent to such canal, to the effect that
suitable crossings have not been provided on any canal, the State Government
shall cause an enquiry to be made into the circumstances of the case, and if it
thinks that the statement is established, the State Government shall cause such
measures in reference thereto to be taken as it thinks proper .
Power to
enter for
repairs and
payment of
compensation.
State
Government
to provide
means of
crossing
canals.
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(3) The State Government may issue a general policy for bridge or
ramps (fields paths, foot bridges etc.) on canal from time to time as and when
required.
11.  (1) The Divisional Canal Officer may issue an order to the  persons
using  any  watercourse  to  construct  suitable  bridges, culverts or other
works for the passage of the water of such water course across any public
road, canal or drainage-channel in use before the said watercourse was made,
or to repair any such works.
(2)   Such order shall specify a reasonable period within which such
construction or repairs shall be completed;
and if, after the receipt of such order , the persons to whom it is
addressed do not, within the said period, construct or repair such works to the
satisfaction of the said Canal Officer, he may, with the previous approval of
the Superintending Canal Officer, himself construct or repair the same;
and if, the said persons do not, when so required, pay the cost of
such construction or repairs as declared by the Divisional Canal Of ficer, the
amount shall, on the demand of the Divisional Canal Officer, be recoverable
from such persons as arrears of land revenue.
12. (1) If any person, jointly responsible with others for the construction or
maintenance of a watercourse, or jointly making use of a watercourse with
others, neglects or refuses to pay his share of the cost of such construction as
maintenance, or to execute his share of any work  necessary  for  such
construction  or  maintenance,  the  Divisional Canal Officer, on receiving an
application in writing from any person injured by such neglect or refusal, shall
serve notice on all the parties concerned that, on the expiration of a fortnight
from the service, he shall investigate the case and shall, on the expiration of
that period, investigate the case accordingly, and make such order thereon as
he may deem fit. Such order shall be appealable to the Superintending Canal
Officer.
(2) An appeal shall lie to the Superintending Canal Officer within a
period of thirty days from the date of passing of the order by the Divisional
Canal Officer under sub-section (1) and the order of the Superintending Canal
Officer shall be final.
(3)   Any sum directed by such order to be paid within a specified period, may,
if not paid within such period, and if the order remains in force, be recovered by the
Collector, from the persons directed to pay the same, as arrears of land revenue.
Liability of
persons to
construct
works for
passage of
water.
Adjustment
of claims
between
persons
jointly using
water-course
and recovery
thereof.
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13.   (1) Notwithstanding anything contained to the contrary in this Act but
subject to the rules made and notification issued in this regard, the Divisional
Canal Officer may,  on  his  own  motion  or  on  the  application  of  a
shareholder or water user association, prepare  a  draft  scheme  to  provide
for  all  or  any  of  the  matters, namely:-
(a) the construction, alteration, extension and alignment of    any
watercourse or realignment of any existing watercourse;
(b) allotment of any new areas to a watercourse or an  outlet or
re-allotment of areas served by one watercourse to another
or from one outlet to another, or for exclusion of an area, from
an outlet or a watercourse;
(c) construction of a new outlet, closing of an existing outlet,
shifting or modification of an existing outlet;
Explanation:- Any change in the design or size or both of an outlet,   whose
design or size or both have been changed in an unauthorized manner, for
restoring the same to its authorized discharge shall not be deemed to be
a modification;
(d) the lining or relining of any watercourse; and
(e) any other matter which is necessary for the  proper
maintenance and distribution of supply of water from a
watercourse or an outlet.
 (2) Every scheme prepared under sub-section (1) shall, amongst other
matters, set out the estimated cost thereof, the alignment of the proposed
watercourse or realignment of the existing watercourse, as the case may be,
the site of the outlet and a sketch plan of the area proposed to be covered by
the scheme.
14. (1)  Every scheme under this Part as soon as may be, after its preparation,
shall be published in such form and manner as may be prescribed for inviting
objections and suggestions in respect thereof within fourteen days of its
publication.
(2) After considering such objections and suggestions, if any , the
Divisional Canal Officer shall approve, modify or reject the scheme within
fourteen days from the date of the receipt of such objections and suggestions,
unless this period is extended by the Superintending Canal Officer for good
and sufficient reasons:
Preparation
of draft
scheme.
Publication
of scheme.
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Provided that in certain cases, the prior approval of the Chief Canal
Officer shall be obtained for allowing an outlet with culturable command area
(CCA) equal to or less than hundred acres:
Provided further that in certain cases, the prior approval of the
State Government shall be obtained for allowing a new outlet on a main canal
or branch canal.
15. (1)   The Divisional Canal Officer shall, as soon as may be, publish the
fact of the rejection of scheme or the particulars of the scheme approved or
modified by him under sub-section (2) of section 14 in the prescribed manner
and call upon the shareholders or water user association to implement it at
their own cost within the period to be specified by him and if the shareholder(s)
or water user association fail to implement the same, he shall undertake the
construction  or  implementation  of  the  scheme  himself, and recover the cost
thereof from the shareholder(s) or water user association in the manner and
period to be specified by him. Any sum which remains unpaid, within the
specified period for this purpose, may be recovered by the Collector from the
defaulting person(s) as arrears of land revenue.
(2) An officer, not below the rank of Sub-Divisional Canal Officer shall
check the implementation of scheme at site.
(3) In case underground pipeline scheme if shareholder(s) or water user
association fail to implement the scheme, the Divisional Canal officer may follow
the procedure as per section 14-A and  14-B of the Punjab Land Improvement
Schemes Act, 1963, and recover the cost thereof from the shareholder(s) or water
user association in the manner and period to be specified by him. Any sum which
remains unpaid, within the specified period for this purpose, may be recovered by
the Collector from the defaulting person(s) as arrears of land revenue.
16. An appeal against the decision of the Divisional Canal Officer under
sub-section (2) of section 14 shall lie to the Superintending Canal Officer within
thirty days from the date of the publication of the scheme under section 15
whose decision shall be final:
Provided that no such order shall be made without affording the
person(s) affected an opportunity of being heard and the orders of the Divisional
Canal Officer shall not be stayed in ordinary course.
17. (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.
Publication
of scheme
after
approval.
Appeal and
revision.
Notice of
acquisition
of land.
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(2)  Any person interested in the land notified under sub-section (1) may,
within twenty-one days from the publication thereof, apply to the Divisional
Canal Officer by petition stating his objections to the proposed acquisition of
his rights.
(3)  After considering the objections, the Divisional Canal Officer may
proceed to take the occupation of the land so required on behalf of the
shareholders.
(4)  The Compensation, to be fixed by the Divisional Canal Officer on
the principles set out under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be payable
by the shareholders in proportion to the culturable commanded area under the
scheme held by each one of them to the owner or occupier of any land for
such acquisition and on failure of payment, the amount of compensation shall
be recoverable as arrears of land revenue.
(5)  Any person aggrieved from the order of the Divisional Canal Officer
in respect of compensation may prefer an appeal, within thirty days of the
passing of the order to the Superintending Canal Officer whose decision shall
be final.
18. On failure of any shareholder or shareholders to execute the work
within the period specified in the notice under sub-section (1) of section 15, the
Divisional Canal Officer may proceed to carry out the work himself and the
cost in proportion to the culturable commanded area under the scheme held by
such shareholders shall be recoverable from the shareholders as arrears of
land revenue.
19. On execution of the scheme, the Divisional Canal Officer shall by
requisition in writing, direct the shareholders to take over and maintain the
watercourses and on failure of the shareholders to comply with this direction,
he shall,  make arrangements  for maintenance of watercourse at the
shareholders' cost in proportion to the culturable commanded area under the
scheme held by them and the same shall be recoverable as arrears of land
revenue.
20. (1) If a person demolishes, alters, enlarges or obstructs a watercourse
or a temporary watercourse or causes any damage thereto, any person affected
thereby may apply to the Sub-Divisional Canal Officer for directing the
restoration of the same to its original condition.
(2) On receiving an application or otherwise under sub-section (1), the
Recovery of
cost from
shareholders.
Direction for
maintenance
of water
course.
Restoration
of
demolished
or altered etc.
watercourse.
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Sub- Divisional Canal Officer may, after making such enquiry as he may deem
fit, require, by a notice in writing served on the person found to be responsible
for so demolishing, altering, enlarging, obstructing or causing damage to restore,
at his own cost, the watercourse or temporary watercourse to its original
condition within such period not exceeding fourteen days, as may be specified
in the notice.
(3) If such person fails to the satisfaction of the Sub-Divisional Canal
Officer, to restore the watercourse or temporary watercourse to its original condition
within the period specified in the notice served on him under sub-section (2), the
Sub-Divisional Canal Officer may cause the watercourse or temporary watercourse
to be restored to its original condition and recover the cost incurred in respect of
such restoration from the defaulting person. The Sub-Divisional Canal Officer
may order recovery of a sum not exceeding rupees five thousand from the defaulting
person by way of penalty. In case the penalty is not paid, the same shall be recoverable
as arrears of land revenue.
 (4) Any person aggrieved by the order of the Sub-Divisional Canal Officer,
may prefer an appeal, within thirty days of the passing of such order before the
Divisional Canal Officer, whose decision on such appeal shall be final.
(5) Any sum which remains unpaid within a period to be specified for
this purpose by the Divisional Canal Officer may be recovered as arrears of
land revenue.
21. Notwithstanding anything contained in this Act or any other law for
the time being in force, no civil court shall have jurisdiction to entertain or
decide any question relating to matters falling under sections 13 to 20.
PART-IV
THE SUPPLY OF WATER
22. The State Government may allow supply of canal water for purposes
other than irrigation. In the absence of a written contract, every supply of
canal water shall be deemed to be given at the rates as notified by the
Government and subject to the conditions prescribed by the rules.
23. (1) The Divisional Canal Officer may stop the supply of water to any
watercourse, or to any person(s), within periods fixed from time to time in the
following cases, namely:-
Bar on
jurisdiction
of civil court.
In absence of
written
contract
water supply
to be subject
to rules.
Power to
stop water
supply and
compensation.
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(a) whenever it is necessary to stop such supply for the  purpose
of executing any work ordered by the competent authority
and with the previous sanction of the Superintending Canal
Officer;
(b) whenever and so long as any watercourse is not maintained
in such proper customary repair so as to prevent the wasteful
escape of water therefrom; and
(c) whenever water is not used for the purpose for which it was
being supplied.
(2) No claim shall be made against the State Government for
compensation in respect of loss caused by the failure or stoppage or reduction
of water in the canal, by reason of any cause beyond the control of the State
Government or of any repairs, alterations or additions to the canal, or of  any
measures taken for the regulating the proper flow of water therein, or for
maintaining the established course of irrigation which the Divisional Canal
Officer considers necessary; but the person(s) suffering such loss due stoppage
of water for irrigation may claim remission of the water cess payable for the
use of the water as is authorized by the State Government.
(3) When the water of a canal is supplied for the irrigation of a single
crop, the permission to use such water shall be held to continue only until that
crop comes to maturity, but if it is to be supplied for irrigation for two or more
crops to be raised on the same land within the year, such permission shall be
held to continue for one year from the commencement of the irrigation and to
apply to such crops only as matured within that year.
(4)  If any written contract or agreement for the supply of canal water
has been made in which the period has not been specifically mentioned, it shall
be deemed to have been made for one  year unless  such contract  or agreement
is renewed for another year:
Provided that a contract or agreement executed before the
commencement of this Act, shall, continue for a period as mentioned in such
contract or agreement.
(5) No person, entitled to use the water of any canal or any work,
building or land appertaining to any canal, shall sell or sublet or otherwise
transfer his right to such use, without the permission of the Superintending
Canal Officer:
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Provided that the aforesaid provision shall not apply to the use by a
cultivating tenant the water supplied to the owner for the irrigation of the land
held by such tenant:
Provided further that all contract made between the State
Government and the owner or occupier of any immovable property as to the
supply of canal water to such property , shall be transferable therewith, and
shall be presumed to have been so transferred whenever a transfer of such
property takes place.
 (6)  No right to the use of the water of a canal shall be, or be deemed
to have been acquired under the Limitation Act, 1963, Part IV, nor shall the
State Government be bound to supply any person with water except in
accordance with the terms of a contract in writing.
(7) Where the supplies are made under some contract or agreement
for specified purpose, the Divisional Canal Officer may stop such supplies
after giving notice to the person concerned and after affording him an opportunity
of being heard, on the ground that there is breach of contract or agreement or
the water is needed for the public purposes by the State Government.
PART V
WATER RATES
24. If water supplied through a canal is used in an unauthorised manner,
and if the person by whose act or neglect such use has occurred cannot be
identified, the person who has derived or may derive benefit therefrom, shall
be liable to the charges prescribed for such use.
25. If water supplied through a watercourse or an outlet be suffered to
run to waste and if, after enquiry by the Sub-Divisional Canal Of ficer, 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.
26. (1) All charges for the unauthorised use or waste of water may be
recovered in addition to any penalties incurred on account of such use or waste.
(2) All questions, under sections 24 and 25, including questions pending
for disposal on the commencement of this Act shall be decided by the Divisional
Canal Officer.
Liability when
persons using
unauthorisedly
cannot be
identified.
Liability
when water
runs to
waste.
Charges
recoverable
in addition to
penalties.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
64
(3) An appeal shall lie to the Superintending Canal Officer against the
decision of the Divisional Canal Officer empowered under sub-section (2)
within a period of thirty days from the date of such decision.
27. When canal or river water is supplied to forts or other military
buildings, cantonment, civil station, cities, towns, railway, public garden or other
places of public resort, industrial units, power plants and bulk users, beverages
and bolted water industry, drinking water supply (including Railways and Army),
fish pond and brick making and water construction work or any other non-
irrigation use either by filing of tanks or by direct flow , contracts at special
rates may be accepted by the Divisional Canal Officer with the previous sanction
of the State Government.
28. (1) The State Government may levy a water cess on the occupiers of
land, who use canal water for the purposes of irrigation at the rate to be
determined by the State Government from time to time and such occupiers, as
accept the water, shall pay for water cess accordingly. Such water cess shall
be payable within such time and in such manner , as may be prescribed. The
water cess so collected, shall be used by the State Government for maintenance
and development of irrigation infrastructure.
(2) The rules herein before referred to may prescribe and determine
what persons or classes of persons are to be deemed to be occupiers for the
purposes of this section and may also determine the several liabilities, in respect
of the payment of water cess of tenants and of persons to whom tenants may
have sublet their lands or of proprietors and of persons to whom proprietors
may have let the lands held by them in cultivating occupancy.
29. Where a water-cess is charged on land held by several joint owners, it
shall be payable by the manager or other person who receives the rents or profits
of such land and may be deducted by him from such rents or profits before division,
or may be recovered by him from the persons liable to such rate in the manner
customary for the recovery of other charges on such rents or profits.
30. Any sum lawfully due under this Part, and certified by the Divisional
Canal Officer to be so due, which remains unpaid after the day on which it
becomes due, shall be recoverable from the person liable for the same as
arrears of land revenue.
31. Except as otherwise provided, nothing in sections 30 applies to
fines.
Water
supplied to
cantonments,
towns,
industry,
bulk water
supplier,
commercial
users etc.
Water
supplied for
irrigation.
Water cess
by whom
payable.
Certified
dues
recoverable
as land
revenue.
Fines not
included in
certified
dues.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
65
PART VI
CANAL NAVIGATION
32. (1) Any vessel entering or navigating any canal contrary to the rules
made in that behalf by the State Government, or so as to cause danger to the
canal or the other vessels therein, may be removed or detained, or both removed
and detained, by the Divisional Canal Of ficer, or by any other person duly
authorised in this behalf.
 (2) The owner of any vessel causing damage to a canal, or whose
vessel has been removed or detained under this section, shall be liable to pay to
the State Government such sum as the Divisional Canal Of ficer, with the
approval of the Superintending Canal Officer, determines to be necessary to
defray the expenses of repairing such damage or of such removal or detention,
as the case may be.
33. Any fine imposed under this Act upon the owner of any vessel, or
the servant or agent of such owner or other person incharge of any vessel, for
any offence in respect of the navigation of such vessel, may be recovered
either in the manner prescribed by the Code of Criminal Procedure, 1973 or if
the Magistrate imposing the fine so directs, as though it were a charge on such
vessel.
34. If any charge due under the provisions of this Part in respect  of
any  vessel  is  not  paid  on  demand  to  the  person authorized to collect the
same, the Divisional Canal Officer may seize and detain such vessel and the
furniture thereof, until the charge so due, together with all expenses and additional
charges arising from such seizure and detention, is paid in full.
35. If any charge due under the provision of this Part in respect of any
cargo or goods carried in a Government vessel on a canal, or stored on or in
lands or warehouses occupied for the purposes of a canal is not paid on demand
to the person authorized to collect the same, the Divisional Canal Officer may
seize such cargo or goods and detain them until the charge so due, together
with all expenses and additional charges arising from such seizure and detention,
is paid in full.
36. (1) Within a reasonable time after any seizure under section 34 or section
35, the said Canal Officer shall give notice to the owner or person incharge of
the property seized that it, or such portion of it as may be necessary, will, on a
day to be named in the notice, but not sooner than fifteen days from the date of
the notice, be sold in satisfaction of the claim on account of which such property
Detention of
vessels
violating
rules.
Recovery of
fines for
offences in
navigating
canals.
Power to
seize and
detain vessel
on failure to
pay charges.
Power to
seize cargo
or goods, if
charges due
thereon are
not paid.
Procedure for
recovery of
such charges
after seizure.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
66
was seized, unless the claim be discharged before the day so  named.  If such
claim be not so discharged, the said Canal Officer, may, on such day, sell the
property seized or such part thereof as may be necessary to yield the amount
due, together with the expenses of such seizure and sale:
Provided that no greater part of the furniture of any vessel or of
any cargo or goods shall be so sold than shall, as nearly as may be, suffice to
cover the amount due in respect of such vessel, cargo or goods.
(2) The residue of such furniture, cargo or goods, and of the proceeds of
the sale, shall be made over to the owner or person incharge of the property seized.
37. (1) If any vessel be found abandoned in a canal, or any cargo or goods
carried in a Government vessel on a canal, or stored on or in lands or warehouses
occupied for the purpose of canal, be left unclaimed for a period of two months,
the Divisional  Canal Officer may take possession of the same. The Officer so
taking possession may publish a notice, in the manner prescribed, that, if such
vessel and its contents, or such cargo or goods, are not claimed on or before
the day to be named in the notice, not sooner than thirty days from the date of
such notice, he will sell the same; and, if such vessel, contents, cargo or goods
be not so claimed, he may , at any time after the day named in the notice,
proceed  to sell the same.
(2) The said vessel and its contents and the said cargo or goods if
unsold, or, if a sale has taken a place, the proceeds of the sale, after paying all
tolls, charges and expenses incurred by the Divisional Canal Officer, on account
of the taking possession and sale, shall be made over to the owner of the same,
when his ownership is established to the satisfaction of the Divisional Canal
Officer.
(3)  If the Divisional Canal Officer is doubtful to whom such property
or proceeds should be made over , he may direct the property to be sold as
aforesaid, and the proceeds to be paid into the district treasury, there to be held
until the right thereto be decided by a Court of competent jurisdiction.
PART VII
DRAINAGE
38. Whenever it appears to the State Government that injury to any
land or the public health or public convenience has arisen or may arise from
the obstruction of any river, stream or drainage-channel, the State Government
may, by notification published in the Official Gazette, prohibit within limit to be
defined in such notification, the formation of any obstruction, or may, within
Procedure in
respect of
vessels
abandoned
and goods
unclaimed.
Powers to
prohibit
obstructions
or order of
their removal.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
67
such limits, order the removal or other modification of such obstruction. On the
issue of such notification, so much of the said river, stream or drainage-channel
as is comprised within such limits shall be held to be a drainage-work as defined
in section 2.
39. (1) The Divisional Canal Of ficer, or other person authorized by the
State Government in that behalf, may, after such publication issue an order to
the person causing or having control over any such obstruction to remove or
modify the same within a time to  be fixed in the order.
(2) If within the time so fixed, such person does not comply with the
order, the said Canal Officer may himself remove or modify the obstruction; and
if the person to whom the order was issued does not, when called upon, pay the
expenses involved in such removal or modification, such expenses shall be
recoverable from him or his representative in interest as arrears of land revenue.
40. The provisions contained in sections 13 to 21 shall apply mutatis
mutandis to field drains.
41. Whenever it appears to the State Government that any drainage
works are necessary for the improvement of any lands, or for the proper
cultivation  or irrigation  thereof or that  protection  from floods or other
accumulations of water or from erosion by a river is required  for any lands, it
may cause a scheme for such drainage works to be drawn up and published by
the Divisional Canal Officer, together with  an  estimate of its  cost  which  the
State Government proposes to defray, and a schedule of the lands which it is
proposed to make chargeable in respect of the scheme.
42. The persons authorized by the State Government to draw up such
schemes may exercise all or any powers conferred upon the Canal Officers
under section 8.
43. The cost, other than that which is to be defrayed by the State
Government, in respect of such scheme, may be charged from the owners of all
lands made chargeable under section 41 in accordance with rules made by the
State Government in this behalf. Such cost either wholly or in part, may be recovered
in kind of land or labour in the manner prescribed by rules made in this behalf.
44. Any sum certified by the Divisional Canal Officer to be due under
section 43 and which remain unpaid after the expiry of the period during which
it was payable, shall be recoverable from the owner liable for the same as if it
were an arrear of land revenue.
Power to
remove
obstructions
after
prohibition.
Provisions
regarding
field drains.
Preparation
of schemes
for works of
improvement.
Powers of
persons
employed on
such schemes.
Rate on
lands
benefited by
works.
Recovery of
rate.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
68
45. Whenever, in pursuance of a notification made under section 38,
any obstruction is removed or modified or whenever any drainage-work is
carried out under section 41, all claims for compensation on account of any
loss consequent on the removal or modification of the said obstruction or the
construction of such work may be made before the Collector and he shall deal
with the same in the manner provided in the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013.
However, no compensation shall be paid to any illegal structure which is
constructed without any approval from any competent authority of the State
Government.
46. No such claim shall be entertained after the expiry of one year
from the occurrence of the loss complained of, or unless the Collector is satisfied
that the claimant had sufficient cause for not making the claim within such
period.
PART VIII
JURISDICTION
47. (1) The  Deputy Collector  may,  if  in  his  opinion  it  is necessary so
to do, pass an order as to the use or distribution of water from a watercourse
amongst persons in any estate or a group of estates or in any holding or group
of holdings in such estate or estates:
Provided that no such order shall be passed by the Deputy Collector
without making an inquiry into the matter and without giving a notice to the
persons interested that, on a day to be named in such notice, he shall proceed
to inquire into the said matter.
(2)  Whenever a dispute or difference arises between two or more
persons in regard to their mutual rights or liabilities in respect of the use,
construction or maintenance of a watercourse, any such person may apply in
writing to the Deputy Collector stating the matter in dispute.
(3) On receipt  of  an  application  under  sub-section  (2),  the Deputy
Collector shall give notice to the other persons interested that, on a day to be
named in such notice, he shall proceed to enquire into the said matter, and after
the inquiry he shall pass an order thereon.
(4) An order passed under sub-section (1) or sub-section (3) as to the
use or distribution of water for any crop sown or growing at the time when
such order is made or with regard to the construction or maintenance of a
Disposal of
claims to
compensation.
Limitation
of such
claims.
Power of
Deputy
Collector to
order use or
distribution
of water and
settlement of
differences.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023
(PAUSA 6, 1945 SAKA)
69
watercourse shall, subject to an order passed on appeal or revision under sub-
sections (5) and (6), be final.
(5) An appeal shall  lie  to  the  Divisional  Canal  Officer against an
order referred to in sub-section (4) within a period of thirty days from the date
of such order.
(6) The Superintending Canal Of ficer, within whose jurisdiction the
watercourse is situated, may, suo motu or on an application made in this behalf
by an aggrieved person, revise an order passed in appeal by a Divisional Canal
Officer under sub-

Excerpt shown. Open the full act in Lexace.

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