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Pakistan (Punjab) Legislation |
THE
PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT 2023
(Act XIV of 2023)
C O N T E N T S
Section Heading
PART I
PRELIMINARY
1.
Short title, extent
and commencement.
2.
Definitions.
PART II
OWNERSHIP AND CONTROL
OF WATER
3.
All natural water to
vest in the Government.
4.
Certain rights of
riparian owners protected.
5.
Rights to water
accessed by public road etc.
6.
Certain abstraction
rights to ground water sources protected.
PART III
ESTABLISHMENT
7.
Territorial units.
8.
Functional units.
9.
Canal Officers and
their charges.
10.
Appointment of Canal
Officers and other officers.
11.
General duties and
powers of Canal Officers.
12.
Compensation for
damage to land etc.
13.
Sub-ordination of
Canal Officers.
14.
Manner of performance
of duties by Canal Officers.
15.
Conferment of duties
and powers of a Canal Officer upon other officers and persons.
PART IV
IRRIGATION AND
RECLAMATION SCHEMES
16.
Powers to apply
natural water for the purpose of a canal.
17.
Power to provide drain
and reclaim an area.
18.
Limits of
compensation on account of application of water or reclamation of an area.
19.
Prohibition on
construction of private canals and reclamation works.
20.
Preparation of
provisional schemes.
21.
Publication of
provisional schemes
22.
Submission and
disposal of objections to provisional scheme.
23.
Approval of
provisional schemes.
24.
Schemes for
construction of private canals and drains.
PART V
OF CONSTRUCTION AND
RUNNING OF
CANALS AND DRAINS
25.
Powers of a Canal
Officer to enter upon land and work on construction of a canal or drain.
26.
Responsibility to
provide means of crossing etc. at canals and drains.
27.
Removal of any
obstruction to drainage.
28.
Amount of water to be
supplied to a canal and the shares of irrigators therein.
29.
Addition of new areas
to irrigation area of a canal.
30.
Preparation of
seasonal canal regulation plans.
31.
Quality of canal
water etc. and prohibition to discharge noxious materials therein.
32.
Minimum standards of
irrigation and drainage services.
33.
Independent
measurement of standard of service.
PART VI
VILLAGE IRRIGATION
PLANS
AND WATER COURSES
34.
Preparation and
publication of draft village irrigation plans.
35.
Approval of village
irrigation plans.
36.
Notice to irrigators
etc. to construct an approved water course.
37.
Construction of
approved water course by irrigators.
38.
Construction of
approved water course on failure of irrigators to do so.
39.
Construction of a new
or alteration of an existing water course.
40.
Duty of persons
accepting supply of water from a canal to allow use of their lands for
construction of water course.
41.
Certain obligations
of water course owners.
42.
Resignation of
interests by an owner of water course and its transfer to any other person.
43.
Arrangement with an
owner of water course by other persons for supply of water.
44.
Payment of cost of
construction of water courses etc.
45.
Settlement of
disputes as to mutual rights and obligations in a water course.
46.
Prohibition on use of
land of water courses for any other purpose and demolishing, altering or
interfering with a water course.
47.
Restoration of
demolished or altered water courses.
48.
Ledger of water
courses.
PART VII
SUPPLY OF CANAL WATER
49.
Uses to which canal
water may be applied.
50.
Canal water to be
supplied through sanctioned outlets.
51.
Outlets to generally
supply canal water under gravity.
52.
Ledger of outlets.
53.
Prohibition to use
canal water without permission and method of obtaining such permissions.
54.
Prohibition on use of
percolated water without permission and method of obtaining such permissions.
55.
Permission to use
canal or percolated water to be transferable with land etc.
56.
Prohibition on sale
of canal water without permission.
57.
Village irrigation
schedules.
58.
Cutting off of
permitted canal water supply on irrigator's request or long disuse.
59.
Permitted canal water
supply not to be interrupted or reduced except on given grounds.
60.
Abatement of rent on
interruption or reduction of canal water.
61.
Power to regulate
sowing, planting or growing of crops etc. in the interest of conservation and
productivity of canal water.
PART VIII
OF DRAINAGE
62.
No discharge to be
permitted in a drain without permission.
63.
Rate on lands
benefited by a drain.
64.
Construction of a
field drain by an owner etc.
65.
Prohibition on use of
land of a field drain for any other purpose and of demolishing, altering or
interfering with it.
PART IX
SAFETY OF DAMS AND
OTHER WORKS
66.
Irrigation works
safety evaluation unit.
67.
Listed dams etc. and
their registration with the unit.
68.
Vulnerability and
hazard classification.
69.
Certain
certifications by construction engineer required.
70.
Safety surveillance
and inspections by Canal Officer in-charge and owner.
71.
Duty to maintain
technical documents and logbooks.
72.
Duty to put in place
an emergency action plan.
73.
Duty of Canal
Officers in-charge and owners of dams etc. towards instructions passed by the
unit.
74.
Abandoned listed dams
and other works.
PART X
RIVERS, EMBANKMENT
WORKS AND FLOOD CONTROL
75.
River ledgers.
76.
Undue interference
with and use of river water prohibited.
77.
Power to remove undue
interference with or use of river water.
78.
Power to dredge,
deepen or widen etc. a river.
79.
Prohibition on
discharge of noxious matter in rivers.
80.
River improvement plans.
81.
Designation of a
reach of river etc. as Conservation Zone.
82.
Management of
Conservation Zones.
83.
Execution of public
embankment works.
84.
Execution of new
private embankment works.
85.
Pathways, hedges etc.
on embankments to vest in Government.
86.
Roads, water courses
and sluices passing over, through or under an embankment.
87.
Structural safety
standards for embankments.
88.
Alignment etc. of an
embankment to be fixed after study.
89.
Maintenance of
embankments.
90.
Regulations for
operation of dams, weirs, sluices etc.
91.
Flood risk management
strategy.
92.
Flood protection
plans.
93.
Duty towards
collaborative effort for flood protection.
94.
Powers of the Deputy
Commissioner to deal with floods.
95.
Designation of a
section of an embankment to be a fuse plug and its operation.−
96.
Flood forecasting and
routing analysis.
PART XI
OF GROUND WATER
97.
Ground water zones
and their administration.
98.
Measurement of ground
water.
99.
Duty of owners of
wells to allow collection of samples.
100.
Ground water
improvement plans.
101.
Execution of works to
re-charge or otherwise improve ground water.
102.
Unsafe discharge into
ground water prohibited.
103.
Officer in-charge of
a zone and officers subordinate to him to exercise powers of Canal Officers.
PART XII
OF NAVIGATION OF
RIVERS AND CANALS
104.
Declaration of a
river reach or canal to be a navigation line.
105.
Appointment of
Supervisors.
106.
Liability of vessels
to pay navigation charges.
107.
Removal and detention
etc. of vessels and goods.
OF ENGINEERING
ACADEMY
108.
Continuation of the
Academy.
109.
Board of Governors of
the Academy.
110.
Meetings and
procedure of the Board of Governors.
111.
General powers of the
Board of Governors.
112.
The Board Fund and
its sources.
113.
Application of the
Board Fund.
114.
Accounts keeping and
audit of fund.
115.
Superintendence of
the Board of Governors.
116.
Chairperson,
non-official members and Principal etc. to be public servants.
PART XIV
OF IRRIGATION
RESEARCH
117.
Continuation of the
Irrigation Research Institute.
118.
The Irrigation
Research Fund and its sources.
119.
Board for
administration of Irrigation Research Fund.
120.
Meetings and
procedure of the Research Board.
121.
General powers of the
Research Board.
122.
Application of the
Board Fund.
123.
Accounts keeping and
audit of the Research Fund.
124.
Superintendence of
the Research Board.
125.
Chairperson and
non-official members etc. to be public servants.
PART XV
OF CANAL PATROLS
126.
Constitution of Canal
Patrols.
127.
Certificates required
to exercise powers.
128.
Superintendence and
administration of Canal Patrols.
129.
Power to arrest
without warrant.
130.
Power to stop and
search without warrant.
131.
Procedure to be
followed after arrest.
132.
Power to register
information on offences.
133.
Investigation of
offences.
134.
Provisions of the
Code to apply on arrests etc. under this Act.
135.
Conferment of
additional powers of a police officer upon Canal Patrols.
PART XVI
OF FINANCIALS AND
PROPERTIES
136.
Rate for the use of
canal and percolated water.
137.
Rate on lands
benefiting from a reclamation work.
138.
Charges for
discharging matter into a drain.
139.
Assessment of annual
rates and charges.
140.
Special charges to
apply on unauthorized use of water and unauthorized discharge in drains.
141.
Wastage charges for
suffering the water to run to waste.
142.
Contributions for
betterment of irrigation works.
143.
Transfer of certain lands
benefiting from an irrigation work to be subject to payment of windfall charge.
144.
Toll on lines of
navigation and means of crossing rivers etc.
145.
Lease of certain
properties.
146.
Irrigation betterment
fund.
147.
Board for
administration of irrigation betterment fund.
148.
Meetings and
procedure of the Board.
149.
General powers of the
Board.
150.
Application of
irrigation betterment fund.
151.
Accounts keeping and
audit of irrigation betterment fund.
152.
Superintendence of
the Board.
153.
Chairperson and
non-official members etc. to be public servants.
154.
Suspension or
remission of sums due in certain cases of hardship.
155.
Penalty for late
payments.
156.
Payment of rates etc.
and recovery of outstanding sums.
157.
Power to contract out
collection of rates etc.
PART XVII
OF TRANSPARENCY AND
FAIR PLAY
158.
General rules of
conduct of Canal Officers etc.
159.
Conflict of interest
and related duties.
160.
Register of interests.
161.
Code of Conduct for
officers and other persons.
PART XVIII
OF OFFENCES AND
PUNISHMENTS
162.
Punishment for
interfering with or causing minor damage to an irrigation work.
163.
Punishment for
endangering the safety of an irrigation work.
164.
Punishment for
endangering safety of a dam or embankment.
165.
Punishment for
polluting or fouling water.
166.
Punishment for
unauthorized use, or interfering with any authorized use of water.
167.
Punishment for
constructing a private canal or a private drain without prior permission.
168.
Punishment for
failure to provide assistance or to comply with lawful instructions of a Canal
Officer.
169.
Punishment for
failure to comply with instruction of the unit to undertake a work for safety
of a listed dam or embankment.
170.
Punishment for
obstructing or threatening a Canal Officer or other officer in the exercise of
his powers or performance of his duties.
171.
Punishment for
violation of any other provision of this Act or rules.
172.
Canal Officer or
other person employed on canal may take offenders and machines and apparatus
into custody.
173.
Dealing with seized
machines etc.
174.
Punishment for
abetting or attempting to commit an offence.
175.
Cognizance of offences,
bails and proceedings etc.
176.
Compounding of
offences.
177.
Compensation to
persons injured by an offence and payment of awards to informants.
178.
Of offences by bodies
corporates.
179.
Saving of prosecution
under any other law and recovery of certain sums and charges.
PART XIX
OF APPEALS AND
REVISIONS
180.
Appeal against
certain orders of Canal Officers.
181.
Review Board and its
constitution.
182.
Sittings and
decisions of the Review Board.
183.
Making of revisions
and related authority of the Review Board.
184.
Correction of clerical
and arithmetical errors.
185.
Examination of record
of decisions etc. by Secretary.
PART XX
MISCELLANEOUS
PROVISIONS
186.
Summoning of
witnesses and documents etc.
187.
Notices how served.
188.
Service of notice
when a person cannot be served in ordinary manner.
189.
Exclusion of
jurisdiction of civil courts in matters within the jurisdiction of Canal
Officers.
190.
Special procedure for
acquisition of lands.
191.
Local police and
other authorities to assist Canal Officers.
192.
Certain works of
urgent nature may be executed without recourse to ordinary procurement
procedures.
193.
Requisition of labour
for carrying out urgent works.
194.
Power to take into
possession and use materials in relation to works of urgent nature.
195.
Payments for urgently
executed works to be a sum due.
196.
Duty to assist Canal
Officers when called upon to do so.
197.
Permits required to
carry out works on or to use right of way of rivers, canals and drains etc.
198.
Custody of works
carried out without permit or otherwise abandoned.
199.
Dealing with damages
to irrigation works.
200.
Delegation of power
and duties.
201.
Canal Calendar and
related duties.
202.
Power to make rules.
203.
Power to issue
Standing Instructions.
204.
Indemnity for acts
done in good faith.
205.
Repeals and savings.
206.
Act to override other
laws.
207.
Removal of
difficulties.
[1]THE PUNJAB IRRIGATION, DRAINAGE AND RIVERS ACT
2023
(ACT XIV OF 2023)
[17th February 2023]
An Act to make
provisions for management and control of irrigation, drainage and rivers in the
Punjab.
It is necessary to provide for better and sustainable
irrigation, drainage, and control and management of rivers, streams, lakes,
ground water and navigation in the Punjab, and the matters ancillary thereto.
Be it enacted by Provincial Assembly of the
Punjab as follows:
PART I
PRELIMINARY
1.
Short title, extent and commencement.− (1) This Act may be cited as the Punjab
Irrigation, Drainage and Rivers Act 2023.
(2) This
Act extends to whole of the Punjab.
(3) This
Act shall come into force at once.
2.
Definitions.− In this Act:
(a)
"Annual Closure" of a canal means
the period during which it remains closed in relation to its annual repair,
renewing and maintenance
in accordance with a schedule approved by the
Secretary;
(b)
"Canal Collector" means an officer
from a class of officers appointed under this Act for the assessment and
collection of any rate,
charge, contribution, penalty or any other sum under
this Act and such other duties as may be assigned to him under the rules or
a
relevant Standing Instruction;
(c)
"Canal Division" means a Canal
Division constituted in terms of section 7;
(d)
"Canal Sub-Division" means a part
of the Canal Division constituted in terms of section 7;
(e)
"Canal Officer" means a Canal
Officer of any class referred to at section 9;
(f)
"canal" means a waterway and the
appertaining structures to convey water for the purposes of this Act and
includes an inundation canal,
link canal, branch canal, distributary or minor
but does not include a watercourse;
(g)
"Chief Engineer" means a Canal
Officer in-charge of a Region;
(h)
"Chief Minister" means the Chief
Minister of the Punjab;
(i)
"Collector" means a District
Collector within the meanings of section 7 of the Punjab Land Revenue Act, 1967
(Act XVII of 1967);
(j)
"crop season" means the Kharif
season beginning on fifteenth day of the month of April and on or around
fifteenth day of the month
of October and the Rabi season beginning on
fifteenth day of the month of October and ending on fifteenth day of the month
of June
each year;
(k)
"dam" means a man-made barrier and
the appertaining structures erected for the purpose of holding back water to
form a reservoir;
(l)
"Department" means the Irrigation
Department;
(m)
"Deputy Commissioner" means the
Deputy Commissioner within the meanings of the Punjab Civil Administration Act,
2017 (III of 2017);
(n)
"Divisional Canal Officer" means a
Canal Officer in-charge of a Canal Division;
(o)
"drain" means a water way or other
work to remove or abstract and carry storm water or excessive sub-surface water
from an area for
the purpose of this Act and includes its appertaining structures
and outfall;
(p)
"embankment" means a wall, bank or
other structure to prevent flooding of an area, or erosion of river banks, or
to train and guide
the river flow in a desired manner;
(q)
"Government" means Government of
the Punjab;
(r)
"Institute" means the previously
established Irrigation Research Institute continued under section 117;
(s)
"irrigation area" means the area
irrigated by a canal or as the case may be an outlet of a canal;
(t)
"irrigation work" means any work,
building, installation, facility or other structure raised or executed, or a
machine, appliance,
contrivance or other apparatus installed for the purpose of
this Act and includes a dam, headwork, weir, sluice, canal, watercourse,
drain,
outfall, embankment, groin, river training work, sluice, head regulator, cross
regulator, bridge, weir, trench, pipe, bank,
appliance, plant, tool, and any
office or other building and their appertaining structures and similar other
works;
(u)
"KhalPanchayat"
means a Khal Panchayat established under the Punjab Khal Panchayat Act, 2019
(XXV of 2019);
(v)
"lake" includes a lagoon, swamp, or
any other natural accumulation of water but does not include a dam;
(w)
"Lambardar"
means a Lambardar within the meanings of the Punjab
Land Revenue Act, 1967 (XVII of 1967);
(x)
"listed dam" means a dam requiring
a higher level of safety surveillance and registration with the unit under
section 67;
(y)
"listed embankment" means an
embankment requiring a higher level of safety surveillance and registration
with the unit under section
67;
(z)
"listed irrigation work" means an
irrigation work requiring a higher level of safety surveillance and
registration with the unit under
section 67;
(aa)
"Minister" means the Minister in-charge
of the Department;
(bb)
"outlet" means a structure to allow
a measured water to flow out of a canal;
(cc)
"Patrol Officer" means an officer
or staff of the Canal Patrol assigned one or more duties mentioned at section
126 but does not include
staff engaged in auxiliary duties such as ministerial
staff;
(dd)
"prescribed" means prescribed by
the rules;
(ee)
"private canal" means a canal
approved under section 24;
(ff)
"Region" means an irrigation Region
constituted under section 7;
(gg)
"revenue estate" means an estate within
the meanings of the Punjab Land Revenue Act, 1967 (XVII of 1967);
(hh)
"river" includes a stream, nullah,
hill torrent and any other natural drainage;
(ii)
"rules" means the rules made under
this Act;
(jj)
"Secretary" means the Secretary to
the Government, Irrigation Department;
(kk)
"Standing Instruction" means a
Standing Instruction issued under section 203;
(ll)
"Sub-Divisional Canal Officer"
means a Canal Officer and in-charge of a Canal Sub-Division;
(mm) "Superintending Canal Officer"
means a Canal Officer in-charge of a Canal Circle;
(nn)
"survey number" of a land means the
survey number of a field or parcel of land assigned under the Settlement Manual
of Board of Revenue
Punjab;
(oo)
"unit" for the purpose of Part VIII
means the unit established under section 66 and for the purpose of Part IX the
unit established
under section 96;
(pp)
"village irrigation plan" means a
plan within the meanings of section 35;
(qq)
"village irrigation schedule" means
a schedule of turns of irrigators for obtaining water from a canal within the
meanings of section
57;
(rr)
"water allowance" of a canal means
the volume of water in cusecs sanctioned for irrigation of one thousand acres
of irrigation area
of that canal;
(ss)
"water course" means any channel
which is supplied with water from a canal for its application by an irrigator
and includes all appertaining
works except the outlet from which such water is
supplied;
(tt)
"zone" for the purpose of Part X
means a zone for the administration of ground water in the Punjab constituted
under section 97.
PART II
OWNERSHIP AND CONTROL OF WATER
3.
All natural water to vest in the Government.− (1) Subject to the provisions of any
arrangements made by the Government in relation to riparian rights in the Indus
Basin, all rights
in the water flowing in a river, canal or drain, or the water
held in a lake, dam or any other accumulation of water, or the water
received
by way of percolation, regeneration or release as well as in the ground water
in the Punjab shall vest in the Government.
(2) No
rights in any water of a river or lake as well as in ground water being
supplied or likely to be supplied for a canal, drain or
other irrigation work
shall be acquired, claimed or continued against the Government under the
Easements Act, 1882 (V of 1882) or
under any other law that is for the time
being in force.
4.
Certain rights of riparian owners protected.− (1) Notwithstanding the provisions of section
3, the owner or occupier of a land through or contiguous to which runs any
river, canal
or drain, or contiguous to which or partly within which, is
situated any lake or dam, shall have the right to take, free of charge,
water
from that river, canal, drain, lake or dam for one or more of the following
purposes, namely:
(a)
domestic and ordinary use;
(b)
consumption of cattle or other
stock not being the cattle or other stock raised at a scale which is prohibited
under the relevant
Standing Instruction; and
(c)
fire fighting.
(2) Nothing
in this section shall confer any right to the owner or occupier to install any
machine, appliance, contrivance or apparatus,
or to carry out any work, or to
do any other thing that causes obstruction of or interference in the river,
lake, dam, canal or drain,
or its bed, without permission under section 197.
5.
Rights to water accessed by public road etc.− (1) Notwithstanding the provisions of
section 3, any person may take, free of charge, water from any river, dam,
lake, canal
or drain to which there is an access by a public road at the point
at which the water is taken, for:
(a)
domestic and ordinary use;
(b)
for consumption of cattle or other
stock other than the cattle stock being raised at a scale which is prohibited
under the relevant
Standing Instruction; and
(c)
firefighting.
(2) Nothing
in this section shall confer any right to a person to install any machine, appliance,
contrivance or apparatus, or to carry
out any work, or to do any other thing
that causes obstruction of or interference to the river, dam, lake, canal or
drain, or its
bed, without having first obtained a permission under section
197.
6.
Certain abstraction rights to ground water
sources protected.− (1) Notwithstanding the provisions of section
3, an owner or occupier of a land may continue to abstract ground water free of
charge,
if he had been making such abstraction at the commencement of this Act
for one or more of the following purposes:
(a)
domestic and ordinary use;
(b)
consumption of cattle or other
stock not being the cattle or other stock being raised at a scale which is
prohibited under the relevant
Standing Instruction; and
(c)
irrigation of not more than twelve
acres of land owned or occupied by him:
Provided that, in view of the
respective Canal Officer, such abstraction does not diminish the rights of any
other person or the amount
of water previously committed towards any other
purpose.
(2) All
abstractions under subsection (1) shall be subject to the provisions of the
Punjab Water Act, 2019 (XXI of 2019) or any other
law for the time being in
force.
Illustration: Where A is abstracting, free of any charge, Z liters of water a day from an underground water source X
for domestic and ordinary use at the commencement of this Act, he may continue
to abstract Z liters of water from X a day for
domestic and ordinary use but not for any other purpose.
PART III
ESTABLISHMENT
7.
Territorial units.− (1) On recommendation of the Secretary, the
Chief Minister may, by notification in the official Gazette:
(a)
divide territories comprising the
Punjab into suitable Regions;
(b)
a Region into two or more Canal
Circles;
(c)
a Canal Circle into two or more
Canal Divisions; and
(d)
a Canal Division into two or more
Canal Sub-Divisions.
(2) The
Zones, Canal Circles, Divisions and Sub-Divisions existing at the commencement
of this Act shall respectively be deemed to be
the Regions, Canal Circles,
Divisions and Sub-Divisions constituted and notified under this section.
8.
Functional units.− (1) On recommendation of the Secretary, the
Chief Minister may, by notification in the official Gazette, constitute one or
more units
to provide specialized services or any other services common to all
or some of the territorial units for the purpose of this Act.
(2) The
functional units existing atthe commencement of this
Act shall be deemed to be the functional units constituted and notified under
this section.
9.
Canal Officers and their charges.− (1) In addition to such other class as may be
specified by the Chief Minister from time to time, there shall be the following
classes
of Canal Officers:
(a)
Chief Engineer;
(b)
Superintending Canal Officer;
(c)
Divisional Canal Officer; and
(d)
Sub-Divisional Canal Officer.
(2) Subject
to the provisions of this Act, the rules and the Standing Instructions, a Chief
Engineer shall be the in-charge of:
(a)
construction, maintenance, repair,
renewing and efficient and safe operations of all irrigation works situated in
the Region under
his charge;
(b)
management, improvement and
conservation of all rivers flowing through the Region under his charge;
(c)
measures necessary to avert risks
associated with and to prevent and control any public injury from riverine flooding
in the Region
under his charge; and
(d)
any other matter ancillary to the
above.
(3) A
Chief Engineer shall be the principal advisor to the Secretary on the matters
mentioned under subsection (2) or on which his advice
is sought.
10.
Appointment of Canal Officers and other
officers.− All Canal Officers and other officers and staff
entrusted with any duty or invested with any power under or in relation to this
Act
shall be appointed in the prescribed manner.
11.
General duties and powers of Canal Officers.− (1) The general duties of a Canal Officer shall
be to:
(a)
make investigations, surveys and measurements
and do other similar works for purposes of this Act;
(b)
construct, maintain, repair and
renew irrigation works;
(c)
supply canal water to the
irrigators as per their authorized shares; and
(d)
carry out any other duty or to
exercise any other power that may be assigned to or invested in him under this
Act or by any authority
to whom he is sub-ordinate to.
(2) For
the purpose of this section, a Canal Officer may:
(a)
enter
upon, and if so required take possession of and lift and use earth and other materials
from any land which is contiguous to
or through which a river, dam, lake,
canal, drain, embankment or any other irrigation work passes or is situated
upon, for the purpose
of maintaining, renewing, running and repairing that dam,
canal, drain, embankment or other irrigation work and managing that river
or
lake;
(b)
enter upon any land mentioned under
clause (a) and undertake any survey, inspection and investigation, or dig and
bore into it, and
setup and maintain suitable landmarks, level-marks and water
gauges on it;
(c)
enter upon any land mentioned under
clause (a) and cut down and clear away any part of a building, fence, standing
crop or a tree
existing or grown on it, where, in his view, such maintenance,
renewal, repair, proper running or management or, as the case may
be, survey,
inspection and investigation, or digging or boring, or setting up and
maintenance of a land mark, level-mark or water
gauge cannot otherwise be
satisfactorily undertaken;
(d)
enter upon any land, watercourse,
building, installation or other facility for the purpose of inspecting,
measuring or regulating
the use of any water supplied or used from a river,
canal or drain, or abstracted from ground, or of inspecting and measuring the
lands irrigated thereby or chargeable with any rate, charge, contribution,
penalty or any other sum under this Act;
(e)
bring upon, make, maintain, or
remove such weirs, trenches, drains, outfalls, sluices, pipes, banks,
appliances, plants, tools, or
other things from a river, dam, lake, canal,
drain, dam or other irrigation work as he considers fit; and
(f)
clean any river, dam, lake, canal,
drain, watercourse and any other irrigation work and clear or remove from it or
from its banks
any vegetation or tree and any log, refuse, soil or any other
obstruction that impedes or is likely to impede natural flow of water
in it, or
otherwise impacts its efficacy, safe running or structural integrity.
(3) Save
where in view of a Canal Officer it is necessary to immediately do so to
prevent or deal with any breach or leakage of water
from a canal, drain,
embankment or other irrigation work, or to prevent or deal with any situation
that risks its safety or structural
integrity, or unless it is so done, a
sudden and extensive public injury is likely to occur, or to detect and prevent
any unauthorized
supply or use of water of a river, canal or drain, or
abstraction of ground water or any work, undertaking or any other thing
prohibited
under this Act:
(a)
the power to enter upon any land
and take into possession of and lift and use earth and other materials from it,
shall not be exercised
except with the consent of the owner or occupier of such
land, and where such consent is not forthcoming, after giving the owner
or
occupier a notice of not less than seven days in writing of intention to enter
and take into possession of and lift and use earth
and other materials;
(b)
the power to enter upon any land,
building, installation or facility to undertake any survey, inspection and
investigation, or to
maintain any landmarks, level-marks and water gauges, or
to inspect, measure or regulate the use
of canal water supplied, or to inspect and measure the lands irrigated by canal
water shall not
be exercised except with the consent of the owner or occupier
of such land, building, installation or facility, and where such consent
is not
forthcoming, after giving the owner or occupier a notice of not less than three
days in writing of intention to enter;
(c)
the power to enter upon any land,
building, installation or facility to dig and bore into it, or to setup
suitable landmarks, level-marks
and water gauges shall not be exercised except
with the consent of the owner or occupier of such land, building, installation
or
facility, and where such consent is not forthcoming, after giving the owner
or occupier a notice of not less than fifteen days in
writing of intention to
enter; and
(d)
the power to enter upon to cut down
and clear away any part or whole of a building, fence, standing crop, or a tree
shall not be exercised
except with the consent of the owner of such building,
fence, standing crop or tree or where such owner fails to cut down and clear
it
away within twenty-eight days of the service of a notice upon him for this
purpose.
(4) The
powers invested upon a Canal Officer under this section may also be exercised
by his agent or any other person, generally or specifically,
authorized by him
in this behalf.
12.
Compensation for damage to land etc.− (1) Any owner or occupier who has suffered any
damage due to entry or use of his land, or cutting down or clearing away of any
part
or whole of a building, fence, standing crop, or a tree under section 11,
may make a claim to the Collector for award of compensation
which shall be
decided in terms of section 4 of the Land Acquisition Act, 1894 (I of 1894).
(2) No
such claim shall be admitted after expiry of one year from the date of the
entry or use of the land, or cutting down or clearing
away of any part or whole
of a building, fence, standing crop, or a tree complained of unless the
Collector is satisfied that the
claimant had sufficient cause for not making
the claim within such period.
13.
Sub-ordination of Canal Officers.− (1) All Canal Officers, other officers and
staff appointed under this Act shall be subject to the superintendence and
general control
of the Secretary.
(2) All
Canal Officers appointed in a Region shall be subordinate to the Chief Engineer
in-charge of that Region.
(3) All
Canal Officers appointed in a Canal Circle, Division and Sub-Division shall
respectively be subordinate to the Superintending
Canal Officer in-charge of
that Circle, Divisional Canal Officer in-charge of that Division, and as the
case may be, Sub-Divisional
Canal Officer in-charge of that Sub-Division.
14.
Manner of performance of duties by Canal
Officers.− (1) Where any duty is to be performed or a
power is to be exercised by a Canal Officer under this Act and the class of
Canal Officer
is not specified, the rules regulating the performance of such
duty or exercise of such power shall specify the class of Canal Officers
by
which it is to be performed or exercised.
(2) The
rules may also be made under this Act prescribing generally the class of Canal
Officers which is to perform any duty or exercise
any power which, under this
Act, is to be performed or exercised by a Canal Officer.
(3) Where
the class of Canal Officers which is to perform any duty or exercise any power
under this Act is not prescribed under subsection
(1) or subsection (2), such
duty shall be performed and such power shall be exercised by the officer
specified in the relevant Standing
Instruction.
15.
Conferment of duties and powers of a Canal
Officer upon other officers and persons.− (1) The Government may assign all or any of the
duties of a Canal Officer to and invest all or any of the powers of a Canal
Officer
under this Act upon any of its officers or any other person.
(2) Subject
to subsection (1), where he considers it so expedient, the Secretary may assign
all or any of the duties of a Canal Officer
to and invest all or any of the
powers of a Canal Officer under this Act upon:
(a)
any officer other than a Canal
Officer appointed under this Act; and
(b)
any person appointed in relation to the construction,
maintenance, repair, renewing and operations of a private canal, drain or
embankment.
(3) An
officer or other person who has been assigned any duty or invested with any
power of a Canal Officer shall remain under the superintendence
and general
control of the Secretary, and unless otherwise specified:
(a)
in case he is assigned any duty or
invested with any power of a Chief Engineer, work under the instructions of the
Chief Engineer
in-charge of the respective Region;
(b)
in case he is assigned any duty or
invested with any power of a Superintending Canal Officer, work under the
instructions of the Superintending
Canal Officer in-charge of the respective
Circle;
(c)
in case he is assigned any duty or
invested with any power of a Divisional Canal Officer, work under the
instructions of the Divisional
Canal Officer in-charge of the respective
Division; and
(d)
in case he is assigned any duty or
invested with any power of a Sub-Divisional Canal Officer, work under the
instructions of the Sub-Divisional
Canal Officer in-charge of the respective
Sub-Division.
(4) Any
officer or other person assigned any duty or invested with any power of a Canal
Officer under subsection (1) shall, in so far
as the performance of such duty
or exercise of such power, remain subject to the provisions of this Act.
(5) Any
other person assigned with any duty or invested with any power of a Canal
Officer under subsection (1) or, as the case may be,
subsection (2) shall, in
so far as the performance of such duty or exercise of such power, be deemed to
be a public servant within
the meanings of section 21 of the Pakistan Penal
Code 1860 (XLV of 1860).
PART IV
IRRIGATION AND RECLAMATION SCHEMES
16.
Powers to apply natural water for the purpose
of a canal.− Subject to the provisions of this Act, the
following may, at any time, be applied to or used for the purpose of a canal:
(a)
any water flowing in a river, canal
or drain, or the water that is held in any lake, dam, or any other accumulation
of water;
(b)
any water received or which has
become available by way of percolation, regeneration or release;
(c)
any water abstracted from an
underground water source; and
(d)
any water from any other source
considered suitable by the Government.
17.
Power to provide drain and reclaim an area.− Subject to the provisions of this Act, where it
is expedient to reclaim an area by providing a drain, it may be so reclaimed.
18.
Limits of compensation on account of
application of water or reclamation of an area.− (1) Whenever water is applied to or
used for the purpose of a canal under section 16 or an affected area is
reclaimed under
section 17, no compensation shall be admissible for any damage
that may be caused by:
(a)
stoppage or diminution of water for
irrigation of a land, or any other undertaking including an irrigation work
erected for profit;
(b)
stoppage or diminution of water
flowing through any reach of a river or any other canal or drain, or stoppage
or diminution of water
that is generally available in an area by way of
percolation or floods;
(c)
stoppage of navigation, or of means
of drifting timber or other goods;
(d)
deterioration of climate or soil;
and
(e)
interruption of watering of cattle,
or use of water for domestic or other purposes.
(2) No
claim for compensation on any other ground shall be admissible against the
Government after expiry of ninety days from the date
of application or use of
water for the purpose of a canal or completion of a drain or other irrigation
work.
(3) Nothing
in this section shall apply to a private canal and a private drain.
19.
Prohibition on construction of private canals
and reclamation works.−
(1) No person, shall construct or maintain, repair, renew or run a private
canal or a private drain, or profit from it in
any manner, without obtaining
the requisite concession under section 24.
(2) Where
a person commences or proceeds with the construction of a private canal or a
private drain without the requisite concession,
or contrary to any condition of
such permission, the Superintending Canal Officer, or any other Canal Officer
authorized by the Secretary
in this behalf, may after providing such person an
opportunity of being heard, prohibit such construction.
(3) Where
a person has constructed a private canal or a private drain without the
requisite concession, or contrary to any condition of
such concession, the
Superintending Canal Officer, or any other Canal Officer authorized by the
Secretary in this behalf, may after
providing such person an opportunity of
being heard, close such private canal or private drain and, as the case may be, shut off the supply
of water thereto, and may further, by general proclamation, prohibit
maintenance, repair,
renewing of the private canal or the private drain or
prohibit continuing the use of its water by the said person and any other
person.
20.
Preparation of provisional schemes.− (1) Where he considers it expedient to do so,
the Secretary may:
(a)
cause an irrigation scheme to be
prepared to apply any conveniently available water to a canal in the most
advantageous and economic
manner; and
(b)
cause a reclamation scheme to be
prepared to construct a drain to reclaim an area in the most advantageous and
economic manner.
(2) In
so far as practicable, every provisional irrigation and reclamation scheme
shall, among other things describe in general terms:
(a)
the lands which could conveniently
and economically be irrigated or, as the case may be, reclaimed by it;
(b)
the source of obtaining water
therefor and volume of such water;
(c)
the works that are necessary for
receiving, collecting, storing, conserving and distributing the water or
reclamation of the lands
referred to at serial (a);
(d)
an estimate of capital cost as well
as annual cost of maintaining the proposed works; and
(e)
an estimate of annual revenue which
is likely to be derived from it.
(3) Nothing
contained in this section and sections 21, 22 and 23, shall apply to a scheme
for renewal, repair or extension of an existing
canal or an existing drain, or
their associated canals or tributaries, or enhancement of their capacity.
21.
Publication of provisional schemes.− (1) As soon as may be after the preparation of
a provisional irrigation or reclamation scheme, the Secretary may, with the
permission
of the Minister, cause to be published in an issue of a reputable
daily newspaper a notice specifying:
(a)
that the provisional scheme has
been so prepared;
(b)
the lands which are likely to be
irrigated or, as the case may be, reclaimed under the provisional scheme;
(c)
the name and address of a Canal
Officer from whom copies of the provisional scheme and related plan may be
obtained on payment of
a fee fixed by the Secretary by a day falling no earlier
than fifteen days from the date of such publication;
(d)
that any objection to the
provisional scheme may be made and the name and address of a Canal Officer to
whom such objection may be
made by a day falling no earlier than thirty days
from the last date for obtaining copies of the provisional schemes and related
plans.
(2) The
said fee shall be so fixed by the Secretary that a reasonable part of the
expense made in relation to the preparation of provisional
scheme, publication
of notice and receipt and disposal of objection to it in terms of section 22 is
recovered through the sums so
received.
22.
Submission and disposal of objections to
provisional scheme.− (1) Any
interested person may, by the date fixed under section 21, submit his objection
to the provisional scheme, giving facts and
reasons he relies upon therefor, on
one or more of the following grounds:
(a)
it is unnecessary or impracticable
for any reason;
(b)
it is likely to be uneconomical;
and
(c)
the volume of water proposed for
the use under the scheme from a source of supply is such that it may seriously
prejudice his right
to irrigation or other right from that source.
(2) Where
he considers it so expedient, the Secretary may depute a Canal Officer to hear
an interested person making an objection, or
to hold a public inquiry on any
matter of general importance or concern brought out in an objection.
(3) The
Canal Officer deputed for hearing an interested person or, as the case may be,
to hold a public inquiry shall, without any unnecessary
delay, submit to the
Secretary a succinct report on his findings as to whether the objection is
invalid or insufficient or shall,
wholly or partly be accepted.
23.
Approval of provisional schemes.− (1) As soon as may be after expiry of the date
of submission of objections and, as the case may be, receipt of report from
Canal Officer
deputed for hearing objections or holding a public inquiry under
section 22, the Secretary may submit the provisional scheme to the
Government
for approval citing his opinion on the objections received in this respect.
(2) Where
the Government is satisfied that the implementation of any provisional scheme
is likely to be in the public interest, it may
approve it with or without any
modifications.
24.
Schemes for construction of private canals and drains.− (1) Any person desiring to construct a private
canal or a private drain, may prepare a provisional scheme and present it to
the Secretary
for obtaining a concession in this respect.
(2) Where
he considers it so expedient, the Secretary shall cause the provisional scheme
to be examined with reference to:
(a)
the impact it is likely to have on
any existing or proposed canal, drain or other irrigation work or on the water
of the river, lake
or any other accumulation of water or the underground water
identified as source of water to be applied to or used for the proposed
scheme;
(b)
the adequacy of the works proposed
in relation to it;
(c)
the extent to which estimate of
capital cost as well as annual cost of maintaining the proposed works is
appropriate;
(d)
the extent to which annual revenues
proposed to be driven from it with respect to the estimate of capital cost and
annual cost of
maintaining the proposed works are appropriate; and
(e)
any other matter which he considers
relevant.
(3) After
such examination, the Secretary may:
(a)
publish the provisional scheme and
invite and dispose of any objection to it in terms of sections 21 and 22 in so
far as may be;
(b)
require the person presenting it to
improve, modify or amend it; or
(c)
reject the provisional scheme where
he considers it to be seriously deficient or against the public interest.
(4) Where,
after having considered the objections if any, and, as the case may be, report
of the Canal Officer submitted to him, the Secretary
considers that the
provisional scheme is fit for approval, he may lay it before the Cabinet.
(5) Where
the Government is satisfied that the provisional scheme is fit for approval, it
may:
(a)
approve it with or without any
modifications;
(b)
allow the Secretary to grant
concession in this respect; and
(c)
fix the duration of concession and
associated charges and any other term or condition as is appropriate in the
circumstances of the
case.
PART V
OF CONSTRUCTION AND RUNNING OF
CANALS AND DRAINS
25.
Powers of a Canal Officer to enter upon land
and work on construction of a canal or drain.− (1) At any date after the approval of an
irrigation or reclamation scheme under section 23, a Canal Officer, duly
empowered by the
Secretary in this behalf, may for the purpose of such scheme:
(a)
enter upon any land through which
the canal or, as the case may be, drain proposed under the scheme is likely to
pass or the land
which is contiguous to it and exercise any general power
conferred upon a Canal Officer under section 11 in respect of such land;
(b)
work on a river, lake or any other
accumulation of water identified as a source for obtaining water for the
proposed canal; and
(c)
do any other work or thing which,
in his view, is necessary for such purpose.
(2) The
powers invested upon a Canal Officer under this section may also be exercised
by his agent and other person, generally or specifically,
authorized by him in
this behalf.
(3) The provisions of this section shall
also apply to the construction of a private canal or private drain in so far as
may be, and the
powers of a Canal Officer in this respect may be exercised by
any person authorized by the Secretary in this behalf.
26.
Responsibility to provide means of crossing
etc. at canals and drains.−
(1) In respect of every canal and drain constructed under a scheme referred to
in section 23, the Government, and in respect
of every private canal and
private drain constructed under a scheme referred to in section 24, the person
proposing such scheme,
shall construct and maintain all works necessary for:
(a)
the passage across any water
course, public road, railway, pipe line or line of poles existing at the
time of its construction;
(b)
affording communication across it for reasonable
convenience of the occupants of neighbouring lands;
and
(c)
drainage of adjacent lands being obstructed by such
canal or drain.
(2) No
person shall provide or maintain a mean for the crossing a canal or drain, or a
mean for drainage of adjacent lands being obstructed
by it, unless he has
obtained a written permission from:
(a)
in case of a canal or drain
constructed under a scheme referred to in section 23, an authorized Canal
Officer in terms of section
197; and
(b)
in case of a private canal or drain
constructed under a scheme referred to in section 24, the person proposing such
scheme.
27.
Removal of any obstruction to drainage.− (1) Where, in view of a Divisional Canal
Officer, any injury to public health or convenience, or damage or loss to any
irrigation
work, or interruption of normal course of irrigation or drainage of
any land under his charge, has arisen or is likely to arise from
the
obstruction of any river, canal, water course, drain or other accumulation of
water, he may through a written order:
(a)
prohibit the formation of any such
obstruction; or
(b)
require the person causing or having
control over such obstruction to remove or modify it by a day fixed in such
order.
(2) If,
by the fixed date, such person does not comply with the order under subsection
(1), the Divisional Canal Officer may cause the
obstruction to be removed or
modified at his expense; and if the person to whom the order was issued does
not, when called upon,
pay the expenses of such removal or modification in
full, such expenses shall be recovered from him as an arrear of land revenue.
28.
Amount of water to be supplied to a canal and
the shares of irrigators therein.−
(1) In so far as practicable, the amount of water supplied to a canal during
any crop season shall not be less than that
what is required to meet the needs
of:
(a)
its irrigation area in view of the
approved water allowance; and
(b)
any other use referred to in
section 49.
(2) In
case of its application for irrigation of lands, the share of an irrigator in
the water of a canal shall be a function of the lands
owned or occupied by him
for which permission to use such water has been obtained in terms of section 53
and the approved water allowance
of that canal.
(3) In
case of its application for any use other than the irrigation of lands, the
share of an irrigator in the water of a canal shall
be such as fixed under
section 53 in view of:
(a)
the total allocation made available
for that use in the canal under the approved irrigation scheme and if no such
scheme exists, in
any project document or previous approval which reflects such
allocation or any other evidence of such use as a matter of long practice;
or
(b)
the total allocation for that use
allowed in that canal under the Punjab Water Act, 2019 (XXI of 2019).
(4) In
so far as practicable, the share of each irrigator in the water of a canal
shall be delivered to him in full at such intervals
as are approved for that
canal for the relevant crop season.
(5) Where
for any reason, it is impracticable to deliver full share to an irrigator
during any period of a crop season, the shortages,
during such period, shall
be, in so far as practicable, distributed among all irrigators of that canal
equitably.
29.
Addition of new areas to irrigation area of a
canal.− (1) No new area shall be added to the
existing irrigation area of a canal unless sufficient surplus water becomes
available
in it or any other canal in the Punjab by:
(a)
cutting off of a part of supplies
from a canal committed to the irrigation of any land or other use under section
58;
(b)
reduction in the approved water
allowance of a canal by the Government to an extent that it does not
significantly affect the rights
of existing irrigators; or
(c)
an increase in the volume of water
being supplied to that canal.
(2) The
new area added to the existing irrigation area of a canal under this section
shall not exceed the area which can conveniently
be irrigated by the water
becoming surplus in view of the approved or reduced water allowance of that
canal.
(3) Any
surplus water shall be applied to various new areas in such order of priority
and in such manner as may be fixed under the rules.
30.
Preparation of seasonal canal regulation plans.− (1) Sufficiently before the commencement of
every crop season, the Secretary shall cause to be prepared a plan for the
distribution
of water likely to become available from all sources during
different periods of that crop season among all canals in the Punjab
having
regards to their water requirement in terms of section 28.
(2) Where,
for any reason, the water likely to become available, or having become
available is insufficient to meet the requirement of
all canals in the Punjab
during any period of a crop season, then the shortages, during such period,
shall be, in so far as practicable
distributed among all canals in the Punjab
equitably.
31.
Quality of canal water etc. and prohibition to
discharge noxious materials therein.− (1) The
quality of water in every canal and drain shall, at all times, meet the minimum
standards fixed in this regard.
(2) No
person shall discharge any solid or liquid material in a canal or a drain,
which does not meet minimum standards for quality of
water fixed for that canal
or, as the case may be, the drain at the point of such discharge.
32.
Minimum standards of irrigation and drainage services.− (1) The minimum standards for the provision of
irrigation and drainage services in the Punjab shall be such as may be fixed
under
the rules.
(2) It
shall be the duty of every Canal Officer not to let the quality of irrigation
and drainage service fall below such minimum standards
within the area under
his charge.
(3) No
later than six weeks of the culmination of every crop season, the Secretary
shall cause a report as to the quality of irrigation
and drainage services
provided during that crop season against the said standards to be prepared and
laid before the Minister.
(4) The
Secretary shall arrange for every such report to be available for public
inspection at his office during usual working hours at
reasonable notice.
33.
Independent measurement of standard of service.− (1) The Government shall maintain an
adequately resourced unit to undertake, among other things, the following
duties:
(a)
inspection of all canals and drains
in the Punjab at regular intervals;
(b)
submission to the Secretary, at
regular intervals, reports on general condition of canal and drains in the
Punjab, measurement of
discharge at their various reaches, adequacy of
irrigation supplies to various irrigation areas, and all incidents of
unauthorized
use of canal water and other related matters; and
(c)
independent measurement of quality
of irrigation and drainage services against the standards referred to at
section 32.
(2) The
unit shall consist of a head and other officers and staff of such description
and in such number as the Government may, from time
to time, fix.
(3) The
head, officers and staff shall be appointed in such manner and perform such
duties and exercise such powers as may be prescribed.
(4) The
head of the unit may, for the purpose of subsection (1), make or cause to be
made such investigations and gather or cause to be
gathered such information
and statistics as he considers to be necessary.
(5) Every Canal Officer shall fully assist
the unit in the discharge of its duties under this Act.
PART VI
VILLAGE IRRIGATION PLANS
AND WATER COURSES
34.
Preparation and publication of draft village
irrigation plans.− (1) In respect of each outlet under
his charge for which no plan has previously been approved, the Divisional Canal
Officer
shall, by a notice, invite all owners and occupiers of lands included
in the irrigation area of that outlet, as well as other irrigators
permitted to
receive canal water from that outlet for a purpose other than irrigation of
lands in terms of section 53, to prepare
and submit before him by a day falling
no earlier than thirty days from the date of the notice, a draft plan for the
construction
of one or more water courses to carry canal water to the said
lands and, as the case may be, to other places for the permitted use.
(2) Every
draft village irrigation plan shall:
(a)
be accompanied with a to the scale
sketch of irrigation area of the related outlet indicating the length,
alignment and layout of
every proposed water course with the lands and other
places, identified by their respective survey number, to be supplied from it;
(b)
identify owners or occupiers of the
lands and other irrigators who are likely to benefit from every proposed water
course;
(c)
provide an estimate of expenses
likely to be incurred on the construction and subsequent maintenance of every
proposed water course
as well as a rough schedule of work indicating the period
of completion of such construction either jointly or severally; and
(d)
clearly explain the extent of
liability of each owner or occupier of land and other irrigator towards the
construction of every proposed
water course.
(3) Where
no draft village irrigation plan is received by the fixed date, the Divisional
Canal Officer shall, with the consensus of not
less than one half of the owners
or occupiers of lands included in the irrigation area of such outlet and other
irrigators permitted
to receive canal water from such outlet for a purpose
other than irrigation of lands, prepare the draft plan himself.
(4) As
soon as may be after submission or preparation of the draft village irrigation
plan, the Divisional Canal Officer shall:
(a)
cause it to be conspicuously
displayed in all revenue estates in which the irrigation area of the outlet
falls as well as outside
his office and offices of the respective
Sub-Divisional Canal Officer and Collector; and
(b)
through a notice invite objections
by a day falling no earlier than fifteen days from the date of such notice as
to why it shall not
be approved.
35.
Approval of village irrigation plans.− (1) Within thirty days following the
last day fixed for the submission, the Divisional Canal Officer shall carefully
consider
every objection as to its sufficiency and validity and approve the
draft plan if he is satisfied that:
(a)
the length, alignment and layout of
the proposed water courses is such that all lands included in the irrigation
area of the outlet
and such other places in respect of which supplies for a
purpose other than irrigation of lands has been permitted from it under
section
53 are likely to be supplied with the canal water conveniently and adequately;
(b)
no lands other than the lands
comprising the irrigation area of the outlet and places are included in the
draft plan; and
(c)
the estimate of expenses for the
construction and maintenance of proposed water courses is not excessive.
(2) In
case, the Divisional Canal Officer is not satisfied, he may approve the draft
plan with such amendments as he considers expedient
or reject it.
(3) Where
a draft plan is rejected, the Divisional Canal Officer shall proceed to invite
submission of a fresh draft plan in terms of
section 34.
36.
Notice to irrigators etc. to construct an
approved water course.−
As soon as may be following the approval of a village irrigation plan, the
Divisional Canal Officer shall, through a notice,
call upon the owners and
occupiers of lands and other irrigators eligible to receive canal water from a
water course approved under
such plan to construct that water course at their
own expense within the period specified in such notice.
37.
Construction of approved water course by
irrigators.− (1) Following the notice under section
36, any owner or occupier of land or other irrigator eligible to receive canal
water
from a water course included in the approved village irrigation plan, may
proceed with the construction of that water course with
the agreement of the
owners of land required therefor.
(2) Any
such owner or occupier of land or other irrigator being unable to construct the
water course under an agreement with the owner
of land required therefor, may
apply to the Divisional Canal Officer stating that:
(a)
he is ready to defray all expenses
necessary for the acquisition of the land and construction of such water
course; and
(b)
he desires the Divisional Canal
Officer on his behalf and at his cost to do all things necessary for
constructing such water course.
(3) Thereupon, the Divisional Canal Officer
may require such owner, occupier or other irrigator to deposit such part of the
expense as
he considers necessary, and after that deposit has been made, he
shall forthwith proceed with acquisition of land which, in his opinion,
is
necessary to occupy for construction of such water course in terms of section
190.
(4) Where
a person applies to obtain part ownership of such water course, and his
application is admitted by the Divisional Canal Officer,
such person shall pay
his share in the construction of the water course and in the cost of acquiring
land for it, and shall become
an owner of such water course when constructed.
(5) On
being put into possession of the required land, the Divisional Canal Officer
shall forthwith proceed with the construction of the
water course and on its
completion give to every owner of the water course, a notice:
(a)
of such completion; and
(b)
of any sum payable by him on
account of construction of the water course and the cost of acquiring land for
it by a day falling no
earlier than thirty days from the date of such notice.
(6) On
such notice being given, the sum mentioned therein shall become due from the
owner to the Divisional Canal Officer and shall be
paid in full by the fixed date.
(7) The
Divisional Canal Officer shall forthwith pass over the possession of water
course to every owner making payment of all expenses
incurred in full.
(8) Any
sum which is payable by an owner to the Divisional Canal Officer but is not
paid in full by the fixed date, shall be recovered
from him as an arrear of
land revenue.
38.
Construction of approved water course on
failure of irrigators to do so.−
(1) Where no owner or occupier of land or other irrigator eligible to receive
canal water from a water course included in
an approved village irrigation plan
proceeds with the construction of that water course within the period specified
in the notice
made under section 36, the Divisional Canal Officer may, with the
permission of the Superintending Canal Officer, cause that water
course to be
constructed on their behalf and at their expense.
(2) All
cost of constructing the water course and acquiring any land therefor shall be
recoverable from:
(a)
every owner and occupier of land in
proportion to the land owned or, as the case may be, occupied by him which is
likely to receive
canal water from that water course, and
(b)
every other irrigator in proportion
to the share of canal water likely to be received by him from that water
course.
(3) As
soon as may be after the completion of the water course, the Divisional Canal
Officer shall give to every such owner or occupier
of land and other irrigator
a notice:
(a)
of such completion; and
(b)
of any sum payable by him on
account of construction of the water course and the cost of acquiring land for
it in lump sum or in instalments
by a fixed date.
(4) On
such notice being given, the sum mentioned therein shall become due from every
owner or occupier of land and other irrigator to
the Divisional Canal Officer
and shall be paid in full by such date as may be mentioned in the notice.
(5) On
receipt of payment in full of all expenses incurred, the Divisional Canal
Officer shall make over the possession of the water course
to the owner or
occupiers of land and other irrigators.
(6) Any
sum which is payable by an owner or occupier of land or other irrigator to the
Divisional Canal Officer but is not paid in full
by the specified date, shall
be recovered from him as an arrear of land revenue.
39.
Construction of a new or alteration of an
existing water course.−
(1) Any owner or occupier of land or other irrigator eligible to receive canal
water may, at any time, apply to the Divisional
Canal Officer for permission to
construct a water course, other than a water course included in an approved
village irrigation plan,
or alteration of any existing water course in any
manner.
(2) Every
such application shall:
(a)
be accompanied with a to the scale
sketch of irrigation area of the related outlet indicating the length,
alignment and layout of
the proposed water course with lands, identified by
their respective survey number, to be supplied from it;
(b)
identify owners or occupiers of
lands and other irrigators who are likely to benefit from the proposed water
course;
(c)
provide an estimate of expenses
likely to be incurred on the construction and subsequent maintenance of the
proposed water course
as well as a rough schedule of work indicating the period
within which the owners or occupiers of land and other irrigators will
construct it either jointly or severally; and
(d)
clearly explain the extent of
liability of each owner or occupier of land and other irrigator towards the
construction of the proposed
water course.
(3) Where
he considers it to be so expedient, the Divisional Canal Officer may:
(a)
cause the application to be
conspicuously displayed in all revenue estates in which the irrigation area of
the outlet falls as well
as outside his office and offices of the respective
Sub-Divisional Canal Officer and Collector; and
(b)
through a notice invite objections
by a day falling no earlier than fifteen days from the date of such notice as
to why it shall not
be approved.
(4) Within
thirty days following the last date fixed of their submission, the Divisional
Canal Officer shall carefully consider every
objection as to its sufficiency
and validity and may by a written order:
(a)
approve the application with or
without any modification and incorporate the new or altered water course in the
village irrigation
plan; or
(b)
reject the application.
(5) The
provisions of section 37 and 38 shall apply, in so far as may be, for the
purpose of construction of a new water course under
this section.
(6) Where
at any time, the Divisional Canal Officer himself considers that the
construction of a water course other than the water course
included in an
approved village irrigation plan or, alteration of any existing water course is
expedient in the interest of better
irrigation, he may proceed with the
construction or alteration of such water course and other provisions of this
section shall apply,
in so far as may be, for such purpose.
40.
Duty of persons accepting supply of water from
a canal to allow use of their lands for construction of water course.− Every person who accepts the supply of
canal water under an approved or revised village irrigation plan shall allow,
free
of any charge, the use of the land owned or occupied by him for the
construction of water course as per the length, alignment and
layout given in
such village irrigation plan.
41.
Certain obligations of water course owners.− (1) Every owner of a water course
shall:
(a)
maintain the water course in a fit
state of repair;
(b)
construct and maintain all works
necessary for the passage across such water course of canals, water courses,
drainage channels and
public roads and railways existing at the time of it
construction, and of the drainage intercepted by it and for affording proper
communication across it for reasonable convenience of the occupants of
neighbouring lands; and
(c)
allow the use of the water course
to other owner or occupiers of land and other irrigators or to admit other
persons as joint owners
thereof, on such conditions, as may be provided under
section 43.
(2) Where
an owner of a water course fails to fulfil any such obligation, the Sub-Divisional
Canal Officer may, by a written notice, require
him to show cause for such
failure on a day falling no earlier than fifteen days from the date of such
notice.
(3) If
the owner of the water course ignores the said notice or his reply to the notice
is, in the view of the Sub-Divisional Officer,
invalid or insufficient, he may
by a written order:
(a)
require him to carry out the
necessary work or repair by a fixed date;
(b)
allow any owner or occupier of land
and other irrigator to use the water course on conditions determined under
section 43; or
(c)
admit any other person as joint
owner of the watercourse.
(4) If
the owner of the water course fails to carry out the necessary work or repair
to the satisfaction of the Sub-Divisional Canal Officer
by the fixed date, he
may cause such work or repair to be carried out on behalf of the owner and all
expenses incurred by him shall
be a sum due to him by the owner, and if he does
not, when called upon, make full payment, such expense shall be recovered from
the
owner as an arrear of land revenue.
42.
Resignation of interests by an owner of water
course and its transfer to any other person.− (1) Any owner of a water course may, by giving
three months' previous notice in writing to the Divisional Canal Officer,
resign his
interests in such water course.
(2) Where
on an application seeking transfer of the ownership of an existing water
course, it appears to the Divisional Canal Officer
expedient that such transfer
shall be in the interest of better irrigation, he shall by a notice require the
owner, or as the case
may be, all owners of such water course to show cause on
a day falling no earlier than fifteen days from the date of such notice
as to
why such transfer shall not be made, and if no objection is received by such
day, or the objections received are invalid or
insufficient, he may transfer it
to the person making said application subject to such terms and conditions as
he considers fit.
(3) The
person making the application shall not be allowed to use the said water course
unless:
(a)
he has paid to the owner, the
compensation thereof in whatever shape it is determined through their mutual
agreement; or
(b)
the possession of the water course
has been acquired in terms of section 190 or otherwise under the provisions of
the Land Acquisition
Act, 1894 (I of 1894).
43.
Arrangement with an owner of water course by
other persons for supply of water.−
(1) Any person desiring to obtain a supply of water through a water course of
which he is not an owner, may make a private
arrangement with the owner for
permitting the conveyance of water thereby, or may apply to the respective
Divisional Canal Officer
to use such water course or to be declared a joint
owner thereof.
(2) On
receipt of any such application, the Divisional Canal Officer shall serve a
notice upon the owner to show cause by a fixed date
falling no earlier than
fifteen days from the date of the notice as to why such use or, as the case may
be, such declaration should
not be allowed or made.
(3) If
no such objection is received by the fixed date, or if any objection is
received and is found to be insufficient or invalid, the
Divisional Canal
Officer shall allow such person to use the said water course or, as the case
may be, declare him a joint owner thereof
on such conditions as to the payment
of compensation or rent or otherwise as may appear to him equitable.
44.
Payment of cost of construction of water
courses etc.− (1) The cost of any land and of the
construction of a water course in terms of sections 37, 38 or 39 shall be paid
by each
owner or occupier of land or other irrigator benefiting from it, either
in full within such period, or in such instalments as the
Divisional Canal
Officer may fix under the relevant Standing Instruction.
(2) Where
any owner or occupier of land or other irrigator has constructed a water course
at his own cost or made available any part of
his land for its construction,
the Divisional Canal Officer shall determine the value of the construction, or
as the case may be,
the value of the land made available, and the value so
determined shall be deducted from the cost payable by such owner or occupier
of
land or other irrigator.
(3) Nothing
in this section shall prevent the Government or any person not being the owner
or occupier of the land or other irrigator
benefitting from it, from bearing
the cost of construction of a water course or the value of the land made
available for this purpose
or both wholly or partly.
45.
Settlement of disputes as to mutual rights and
obligations in a water course.−
(1) Whenever a dispute arises between two or more persons with regards to their
mutual rights or obligations in respect of
the use, construction or maintenance
of a water course, or as to their respective shares of the expense of
constructing or maintaining
it, or as to the amounts severally contributed by
them towards such expense, or as to the failure on the part of any owner to contribute
his share, a person interested in the matter of such dispute may apply in
writing to the Sub-Divisional Canal Officer.
(2) The
Sub-Divisional Canal Officer shall thereupon give notice to the other persons
interested on a day to be named in such notice,
that he will proceed to inquire
into the said matter.
(3) If
all persons interested consent in writing to his being the arbitrator, the
Sub-Divisional Canal Officer may pass such order thereon
as he thinks fit.
(4) Failing
such consent, the Sub-Divisional Canal Officer shall refer the matter to the
Divisional Canal Officer who shall inquire into
and pass such order thereon as
he thinks fit and equitable.
(5) No
order which adversely affects the interests of any person party to the dispute
shall be made unless such person is given a reasonable
opportunity of being
heard.
46.
Prohibition on use of land of water courses for
any other purpose and demolishing, altering or interfering with a water course.− (1) No one shall put the land acquired
for the construction of a water course or which has otherwise remained under a
water
course to any other use, or demolish, alter or interfere with a water
course except with the written permission of the Superintending
Canal Officer.
(2) On
an application of any interested person, the Superintending Canal Officer may,
after having invited objections from owners or occupiers
of land or other
irrigators whose canal water supplies are likely to be interrupted or
diminished thereby:
(a)
allow the land acquired for the
construction of a water course or which has otherwise remained under a water
course to be put to any
other use; or
(b)
allow that a water course shall be
demolished, altered or otherwise interfered with by the persons so interested.
(3) While
passing the order, the Superintending Canal Officer shall fix a date when such
reuse of land, or demolition, alteration or interference
with the water course
shall take effect or commence, in such a manner that the owners or occupiers of
land and other irrigators are
left with sufficient time to obtain permission
for the construction of a new or alteration of an existing water course under
section
39 for continuing their supplies.
47.
Restoration of demolished or altered water
courses.− (1) Whenever a water course is demolished,
altered, obstructed or damaged without proper authority, any person affected
thereby
may apply to the Sub-Divisional Canal Officer for directing that it
shall be immediately restored to its original condition.
(2) On
receiving such application, the Sub-Divisional Canal Officer may, after making
such inquiry as he deems fit, by a notice in writing
require the person found
responsible for so demolishing, altering, obstructing or damaging the water
course, to immediately restore
it to its original condition, at his cost.
(3) If
that person fails to restore the water course to its original condition, the
Sub-Divisional Canal Officer may cause the water course
to be restored to its
original condition at his expense, and if he does not, when called upon, make
full payment, such expense shall
be recovered from him as an arrear of land
revenue.
48.
Ledger of water courses.− (1) Every Divisional Canal Officer
shall maintain a ledger of all water courses within the Canal Division under
his charge,
and note thereupon, in respect of every water course, among other
things:
(a)
the outlet from which it receives
water;
(b)
the name of its owners and their
respective responsibilities in relation to sharing the cost of its construction
and maintenance;
(c)
a succinct description of its
length, alignment and layout;
(d)
lands irrigated by it and, as the
case may be, identity of other irrigators receiving canal water from it for
purposes other than
irrigation of lands;
(e)
a brief history of its performance;
and
(2) The
ledger shall also contain a well-drawn to the scale sketch of every water
course indicating its length, alignment and layout with
the lands and other
places, identified by their respective survey numbers, supplied from it
superimposed upon irrigation area of
the outlet from which it receives canal
water.
(3) Every
Divisional Canal Officer shall arrange for the ledger to be available for
public inspection at his office during usual working
hours at reasonable
notice.
PART VII
SUPPLY OF CANAL WATER
49.
Uses to which canal water may be applied.− (1) The canal water may be applied for
one or more of the following uses:
(a)
irrigation of lands;
(b)
raising of orchards, trees and
forest and other similar purposes;
(c)
drinking and other ordinary
domestic purposes;
(d)
watering of cattle and other stock
as well as wildlife, and raising of fish including filling of ponds for this
purpose;
(e)
industrial manufacturing or any
other industrial process including the use of the force of flowing water for
any purpose;
(f)
maintenance or enhancement of
ground water resources; and
(g)
protection or enhancement of
environment, ecology and esthetics, and creating
opportunities for recreation and rejuvenation.
(2) The
supply of canal water shall be subject to the payment of such rates at such
intervals as may be fixed from time to time under
section 136 or any other
provision of this Act.
(3) In
relation to the application of canal water, every person shall avoid undue
wastage and, in so far as possible, abide by the instructions
of a Canal
Officer passed in the interest of conservation and enhancing the productivity
of canal water.
50.
Canal water to be supplied through sanctioned outlets.− (1) The canal water for all uses except that
relating to the use of force of flowing water for any purpose shall be supplied
through
a sanctioned outlet.
(2) The
outlets shall be of such types and sizes and may be sanctioned by such class of
Canal Officers and in such manner and subject
to such terms and conditions as
may be specified in the relevant Standing Instruction.
51.
Outlets to generally supply canal water under gravity.− (1) The canal water shall generally be
supplied from an outlet under gravity.
(2) Where,
for any reason, it is not possible to supply water from a canal to any land
included in its irrigation area under gravity,
it may be supplied by lifting it
to an appropriate level through mechanical or other means.
(3) Where
the land to which canal water cannot be supplied except by lifting is included
in the irrigation area of a canal under section
29, all expenses in relation to
the provision, maintenance and operation of any mechanical or other mean for
such lifting shall be
borne by the benefiting irrigators severally or jointly.
52.
Ledger of outlets.− (1) Every Divisional Canal Officer
shall maintain a ledger of all outlets within the Canal Division under his
charge, and
note thereupon, in respect of every outlet, among other things:
(a)
its exact location on the
respective canal, authorized type, basic dimensions including the level of its
crest, and the discharge
it is expected to pass; and
(b)
a brief history of its performance
during the last five years.
(2) Every
Divisional Canal Officer shall arrange for the ledger to be available for
public inspection at his office during usual working
hours at reasonable
notice.
53.
Prohibition to use canal water without
permission and method of obtaining such permissions.− (1) No person shall receive or apply water of
a canal except with the permission obtained under this section.
(2) Any
owner or occupier of a land who desires to receive and apply water from a canal
for irrigation of any land may, at any time, apply
to the Divisional Canal
Officer in writing, mentioning:
(a)
the name of the revenue estate or,
as the case may be, the estates in which the said land is situated;
(b)
survey numbers of the said land;
and
(c)
particulars of the outlet he
prefers to draw water from.
(3) The
Divisional Canal Officer may, after making such inquiry as he deems fit, allow
an application wholly or partly, if the land for
which water is required:
(a)
is included in the irrigation area
of the respective canal;
(b)
is situated at such position and
elevation with respect to the preferred or any other outlet that it can
conveniently and economically
be supplied canal water therefrom;
(c)
in its given state, is fit for
agriculture.
(4) Any
person who desires to receive and apply water from a canal for any use other
than that of irrigation of lands, shall apply in
writing to the Secretary, who
may, after making such inquiry as he deems fit, allow it wholly or partly:
(a)
if sufficient water out of the
allocation made or allowed for such use in the said canal in terms of section
28 is for the time being
available; and
(b)
where no such water is available,
the water available for irrigation of lands or any other use mentioned at section
49 is in such
volume that its diversion to the use applied for is unlikely to
significantly impact the rights of existing irrigators.
(5) No
person shall be permitted to obtain water from a canal in excess of his share
in that canal in terms of section 28.
54.
Prohibition on use of percolated water without
permission and method of obtaining such permissions.− (1) No person shall obtain or apply any water
which has become available by way of percolation or leakage from a river,
canal, drain
or other irrigation work by means such as sinking of a well in its
reasonable vicinity, except with the permission obtained under
this section.
(2) Any
owner or occupier of a land who desires to obtain and apply percolated water
for irrigation of any land may, at any time, apply
to the Divisional Canal
Officer in writing, mentioning:
(a)
the name of the revenue estate or,
as the case may be, the estates in which the said land is situated;
(b)
survey numbers of the said land;
and
(c)
location from where he prefers to
draw water from.
(3) The
Divisional Canal Officer may, after making such inquiry as he deems fit, allow
an application wholly or partly.
(4) Any
person who desires to obtain and apply percolated water for any use other than
that of irrigation of lands, shall apply to the
Secretary in writing, who may,
after making such inquiry as he deems fit, allow it wholly or partly.
55.
Permission to use canal or percolated water to
be transferable with land etc.− Where
canal water or percolated water is supplied to a land, building, installation
or facility under a permission obtained in terms
of section 53 or 54, such
permission shall be transferable therewith and shall be presumed to have been
transferred whenever such
land, building, installation or facility is
transferred from the owner or occupier of the land or any other irrigator who
had obtained
said permission to any other person.
56.
Prohibition on sale of canal water without
permission.− No person eligible to the use of any work or
land appertaining to any canal, and in the like manner, no person permitted to
obtain
canal water shall sell or sub-let the canal water or percolat
so obtained, or the right to obtain such water, to any other person except with
the written permission of the Superintending Canal
Officer.
57.
Village irrigation schedules.− (1) The turn in which an irrigator may obtain
his share of canal water from an outlet, and the order, duration and rotation
of such
turn shall be such as may be determined by Khal Panchayats of that
outlet, and in case no such Khal Panchayat is, for the time being,
in office
for any reason, by the irrigators of such outlet amongst themselves.
(2) On
an application from an irrigator stating that village irrigation schedule for
the outlet from which he has been permitted to obtain
canal water has not been
prepared in terms of subsection (1), the Sub-Divisional Canal Officer shall
forthwith prepare a draft schedule
and:
(a)
cause it to be conspicuously
displayed in all revenue estates in which the irrigation area of the outlet
falls as well as outside
his office; and
(b)
through a notice invite objections
by a day falling no earlier than fifteen days from the date of such notice as
to why it shall not
be approved.
(3) Where
no objection is received by the fixed date, or the objections so received are,
in view of the Sub-Divisional Canal Officer,
insufficient or invalid, he may
approve the said schedule.
(4) On
an application from an irrigator stating that a dispute has arisen as to his
turn under a village irrigation schedule or that the
village irrigation
schedule is otherwise inequitable, the Sub-Divisional Canal Officer shall:
(a)
cause the application to be
conspicuously displayed in all revenue estates in which the irrigation area of
the outlet falls as well
as outside his office; and
(b)
through a notice invite objections
by a day falling no earlier than seven days from the date of such notice as to
why it shall not
be approved.
(5) Where
no objection is received by the fixed date, or the objections so received are,
in view of the Sub-Divisional Canal Officer,
insufficient or invalid, he may
allow the application, wholly or partly, and incorporate necessary changes in
the village irrigation
schedule accordingly.
58.
Cutting off of permitted canal water supply on
irrigator's request or long disuse.− (1) On
a written application by an irrigator desiring to have a part or whole of his
permitted canal water supply cut off, the Divisional
Canal Officer, in case
such supply pertains to irrigation of lands, and in other cases the Secretary,
may after affording him an
opportunity of being heard cut off such supply.
(2) Whenever,
it appears to the Divisional Canal Officer that any land which receives canal
water for irrigation has become permanently
unfit for agriculture for any
reason, or it has been put to any other permanent use which does not require
canal water, he may:
(a)
by a written notice, require the
owner of the said land to show cause by a fixed date falling no earlier than
fifteen days from the
date of the notice as to why such supply shall not be cut
off; and
(b)
where no objection is received by
the fixed date, or the objection so received is insufficient or invalid, cut
off such supply.
(3) In
the like manner, whenever it appears to the Secretary that canal water
permitted for any use other than the irrigation of lands
is not being put to
that use for a continued period of two years, he may:
(a)
by a notice in writing, ask the
person who was permitted to receive canal water for the said purpose to show
cause by a fixed date
falling no earlier than fifteen days from the date of the
notice as to why such supply shall not be cut off; and
(b)
where no objection is received by
the fixed date, or the objection so received is insufficient or invalid, cut
off such supply.
(4) Canal
water supply cut off under this section shall not be restored except on a fresh
application and in terms of section 53.
59.
Permitted canal water supply not to be
interrupted or reduced except on given grounds.- (1) The canal water supply permitted to an
irrigator shall, in so far as practicable, not be interrupted, reduced or
delayed, except
whenever and for so long as it is necessary to do so:
(a)
to allow carrying out of repairs
and any other work on the canal or water course by such supply is received under
the instructions
of an authorized Canal Officer;
(b)
to prevent wasteful escape of water
from the water course by which such supply is received if it is, in the view of
the Sub-Divisional
Canal Officer, not maintained in a fit state of repair, or
to prevent the water from running to waste for any other reason;
(c)
to supply in rotation the lawful
shares of other irrigators;
(d)
to allow transfer of the share of
the water course by which such supply is received or, as the case may be, the
share of the irrigator
from an existing source of obtaining water to another
such source;
(e)
to prevent misuse or unauthorized
use of canal water; and
(f)
in order to stop or to reduce
supplies for the purpose of conservation of canal water.
(2) Whenever
canal water is supplied for the irrigation of a land for one or more crops
only, or it is supplied for any other permissible
use for a specified period,
the permission shall be held to continue only until such crop or crops come to
maturity, or, as the case
may be, the specified period comes to an end.
(3) No
claim for compensation shall lie against the Government in respect of any loss
caused by the interruption or reduction of canal
water, nevertheless any person
suffering such loss may claim a reasonable remission of water rate in terms of
section 154.
(4) Further,
no such remission shall be admitted after expiry of one year from the date of
the interruption of reduction of canal water
unless the Divisional Canal
Officer is satisfied that the claimant had sufficient cause for not making the
claim within such period.
60.
Abatement of rent on interruption or reduction
of canal water.− (1) Any tenant holding a land under any
unexpired lease at the time of interruption or reduction of canal water for
which a remission
is allowed under section 154, may claim an abatement of the
rent previously payable by him for the said land, on the ground that
such
interruption or reduction has reduced the value of the holding.
(2) If
the supply of canal water is afterwards restored to the said land, the rent of
the tenant may be enhanced, in respect of such land
due to the restored canal
water supply, to an amount not exceeding that at which it stood immediately
before the abatement.
Explanation.− Any enhancement under subsection (2) shall be
on account only of the restored supply, and not affect the liability of the
tenant to
enhancement of rates on any other ground.
61.
Power to regulate sowing, planting or growing
of crops etc. in the interest of conservation and productivity of canal water.− (1) Where the Government is satisfied that it
is expedient to do so in the interest of better irrigation, improved production
and
conservation of canal water, it may make a declaration as to:
(a)
the kind of crops that could be
sown, planted, replanted or grown on the lands constituting the irrigation area
of a canal;
(b)
the time or periods during which
such crops could be sown, planted, replanted or grown; and
(c)
a limit as to the area of any of
such crop beyond which it shall not be sown, planted, replanted or grown.
(2) Every
such declaration shall be published in the official gazette and become
effective from such date as may be mentioned therein.
(3) Whenever
it comes to the knowledge of the Divisional Canal Officer that a person is
sowing or has sown, planted, replanted or grown
a crop in contravention of any
provision of such declaration, he shall:
(a)
by a written notice, require such
person to show cause by a day falling no earlier than seven days from the date
of the notice as
to why canal water being obtained by him shall not be stopped;
and
(b)
where no objection is received by
the fixed date, or the objection so received is insufficient or invalid, he may
stop such supply
and report the matter to the Deputy Commissioner.
(4) The Deputy Commissioner may:
(a)
by a written notice, require such
person to show cause by a day falling no earlier than seven days from the date
of the notice as
to why the crop so sown, planted, replanted or grown shall not
be removed and a penalty not exceeding five thousand rupees for each
acre of
the crop so sown, planted, replanted or grown shall not be imposed upon him for
such contravention; and
(b)
where no objection is received by
the fixed date, or the objection so received is insufficient or invalid, he may
remove or destroy
such crop or impose the said penalty.
PART VIII
OF DRAINAGE
62.
No discharge to be permitted in a drain without
permission.− (1) No person shall discharge any matter in a
drain without having first obtained a written permission from the Divisional
Canal
Officer.
(2) All
permissions under this section shall be subject to:
(a)
the provisions of section 31; and
(b)
payment of an annual rate by the
said person in such sum and at such intervals as may be fixed from time to time
under section 138.
(3) Nothing
in this section shall apply to any water received in the drain by way of
percolation or rain run-off from a land served by
it.
63.
Rate on lands benefited by a drain.− An annual rate from owners or occupiers of all
lands benefited from a drain may be charged in such sum and at such intervals
as may
be fixed from time to time under section 137.
64.
Construction of a field drain by an owner etc.− (1) Any owner or occupier of land served by a
drain or any other person permitted to discharge any matter in that drain under
section
62, may, at any time, write to the Divisional Canal Officer to seek his
permission for constructing a field drain to connect his
land, or as the case
may be, discharge the matter to that drain, at his expense.
(2) The
Divisional Canal Officer shall forthwith:
(a)
cause the application to be
conspicuously displayed in the revenue estates through which the proposed field
drain is likely to pass
as well as outside his office and the office of the
respective Sub-Divisional Canal Officer; and
(b)
through a notice invite objections
by a day falling no earlier than fifteen days from the date of such notice as
to why it shall not
be approved.
(3) Where
no objection is received by the fixed date, or the objections so received are,
in view of the Divisional Canal Officer, insufficient
or invalid, he may allow
the construction of the field drain, wholly or partly.
(4) The
provisions of sections 37, 39 and 40 shall apply, in so far as may be, for the
purpose of construction of a field drain under
this section.
65.
Prohibition on use of land of a field drain for
any other purpose and of demolishing, altering or interfering with it.− (1) No land acquired for a field drain under
section 64 shall be used for any other purpose except under a written approval
of the
Superintending Canal Officer.
(2) No
field drain shall be demolished, altered or interfered with except with the
written permission of the Superintending Canal Officer.
PART IX
SAFETY OF DAMS AND OTHER WORKS
66.
Irrigation works safety evaluation unit.− (1) The Government shall maintain an
adequately resourced unit to undertake, among other things, the following
duties:
(a)
continued surveillance and
inspections of listed dams, lakes, headworks, weirs, embankments and other
irrigation works in relation
to their safety;
(b)
ensuring that necessary measures
are promptly taken to prevent or control any concern relating to the safety of
listed dams, lakes,
headworks, weirs, embankments and other irrigation works
that are noticed;
(c)
specifying standards, codes and
guidelines for this purpose; and
(d)
providing assistance and training
to the Canal Officers, owners of listed dams, embankments and other irrigation
works and their employees,
and other interested persons for the purpose of this
Part.
(2) The
unit shall consist of a head and other officers and staff of such description
and in such number as the Government may, from time
to time, fix.
(3) The
head, officers and staff shall be appointed in such manner and perform such
duties and exercise such powers as may be prescribed.
(4) The
head of the unit may, for the purpose of subsection (1), make or cause to be
made such investigations and gather or cause to be
gathered such information
and statistics as he considers to be necessary.
67.
Listed dams etc. and their registration with
the unit.− (1) Through a Standing Instruction, the
Secretary shall fix the criteria to distinguish the dams, embankments and other
irrigation
works that require a higher level of surveillance and safety
measures to avoid any risk of sudden and extensive public injury, to
be
respectively called the listed dams, embankments and other irrigation works.
(2) Every
Canal Officer in-charge and every owner of a listed dam, embankment and other
irrigation work shall have it registered with
the unit.
(3) The
unit shall maintain a register of all listed dams, embankments and other
irrigation works in such detail and in such manner as
may be specified under
the said Standing Instruction.
68.
Vulnerability and hazard classification.− The unit shall classify each registered listed
dam, embankment and other irrigation work in accordance with vulnerability and
hazard
classification criteria specified under the relevant Standing
Instructions.
69.
Certain certifications by construction engineer
required.− (1) No listed dam, embankment or other
irrigation work shall be constructed unless a qualified civil engineer is
employed to design
it and supervise its construction.
(2) As
soon as the said engineer considers that the construction of a listed dam has
reached a stage at which it can properly be filled
wholly or partly with water,
he shall give a certificate specifying the level up to which, and manner and
conditions in which it
may be so filled safely.
(3) A
listed dam shall not be filled with water, otherwise than in accordance with
the said certificate.
(4) As
soon as the construction of a listed dam, embankment and irrigation work is
completed, the said engineer shall submit a certificate
to the unit that it has
been efficiently executed in accordance with drawings and description annexed
to the certificate, and shall
annex to the certificate detailed drawings and
description giving full information of the works actually constructed,
including dimensions
and levels and details of the geological strata or
deposits encountered in trial holes or excavations made in connection with the
works.
70.
Safety surveillance and inspections by Canal
Officer in-charge and owner.− (1)
Every Canal Officer in-charge and every owner of a listed dam, embankment and
other irrigation work shall:
(a)
install and maintain such number
and types of instruments as may be specified by the unit for continued
surveillance of the listed
dam, embankment or other irrigation work and also to
monitor its performance;
(b)
collect, store, analyze
and share information from the said instruments at such intervals and in such
manner as may be required by the unit;
(c)
make no less than two inspections
of the listed dam and embankment each calendar year, one sufficiently before
the onset of the monsoon
and the second after its recession, in such manner as
may be required by the unit;
(d)
make a similar inspection during
annual closure of the listed irrigation work, and of the listed dam, embankment
and other irrigation
work promptly after every flood, seismic or other event
likely to impact their safety; and
(e)
make a comprehensive inspection of
the listed dam, embankment or other irrigation work promptly after every major
modification to
its original design, discovery of any unusual condition and
otherwise at such intervals and in such manner as may be required by
the unit.
(2) Where
as a result of the above, the need for any work to be undertaken or any other
thing to be done for continued safety or maintaining
required level of
performance of the listed dam, embankment or other irrigation work is
identified, the Canal Officer in-charge or
the owner of that listed dam,
embankment or other irrigation work shall promptly undertake that work or do
that other thing.
71.
Duty to maintain technical documents and
logbooks.− (1) Every Canal Officer in-charge and every
owner of a listed dam, embankment and other irrigation work shall maintain in
such detail
and in such manner as may be specified under the relevant Standing
Instruction:
(a)
technical documents concerning the
watershed, hydrology, foundation and structural engineering of the listed dam,
embankment and other
irrigation work and likely impact of its failure; and
(b)
a log book recording among other
things as may be required by the head of the unit, the levels, depth and flow
of water through or
along such listed dam, embankment or other irrigation work,
any leakages from it, or settlement of its walls or other appertaining
works,
all activities concerning its surveillance, inspection, maintenance and repair,
and every important event impacting its safety
and performance.
(2) The
head of the unit shall:
(a)
cause every such Canal Officer and
owner to submit the said record to him at such interval and in such form as he
deems it fit; and
(b)
cause the said record to be entered
in a log book to be kept by the unit for that listed dam, embankment or other
irrigation work.
(3) Where
the said record is not submitted in full despite service of two notices after
the date of its becoming due with an interval
of not less than thirty days, the
head of the unit may:
(a)
in case it is not submitted by a
Canal Officer in-charge, report the matter to the Secretary; and
(b)
in all other cases, cause it to be
prepared and submitted at the expense of the owner and if he does not, when
called upon, make full
payment, such expenses shall be recovered from him as an
arrear of land revenue.
72.
Duty to put in place an emergency action plan.− (1) Every Canal Officer in-charge and every
owner of a listed dam, embankment and other irrigation work shall:
(a)
carry out a comprehensive
assessment of the risks associated with the safety of the listed dam,
embankment or other irrigation work
and the damages likely to occur in the
event its failure;
(b)
based on such assessment, prepare a
plan to prevent such risks, and apprehend and avert any public injury; and
(c)
update the assessment and plan at
such intervals as may be required by the head of the unit.
(2) The
said plan shall, among other things as the head of the unit may require,
include:
(a)
a mention of the events that are
likely to result in the failure of the listed dam, embankment or other
irrigation work;
(b)
a succinct description of the
areas, persons and properties likely to be affected in such an event;
(c)
inundation maps, warning procedures
and measures to be followed for the protection of areas, persons and properties
where such failure
becomes imminent or actually takes place; and
(d)
the event or point in time when it
shall be put into implementation.
(3) Every
Canal Officer in-charge and every owner of a listed dam, embankment and other
irrigation work shall:
(a)
submit the said plan to the unit;
and
(b)
arrange for the parts of the said
plan pertaining to the areas referred to in subsection (2) to remain available
for inspection by
persons residing in the affected area at his office during
usual working hours at reasonable notice.
73.
Duty of Canal Officers in-charge and owners of
dams etc. towards instructions passed by the unit.− (1) Every Canal Officer in-charge and every
owner of a listed dam, embankment or other irrigation work shall, whenever
called upon
by the unit to provide any information or report, or to undertake
any work or to do any other thing in relation to its safety, shall
promptly
provide such information or report, or undertake that work and do that other
thing.
(2) Every
Canal Officer in-charge and owner of a listed dam, embankment and other
irrigation work shall maintain sufficient funds for
the purpose of this
section.
(3) Where
upon being instructed under subsection (1), an owner of a listed dam,
embankment or other irrigation work fails to undertake
any work or do the other
thing promptly and in view of the head of the unit, unless that work is
undertaken or that thing is done,
a sudden and extensive public injury will
occur, the unit shall cause that work to be undertaken or that thing to be done
at the
expense of the owner and if he does not, when called upon, make full
payment, such expense shall be recovered from him as an arrear
of land revenue.
74.
Abandoned listed dams and other works.− (1) No Canal Officer in-charge or owner shall
abandon a listed dam, embankment or other irrigation work without having first
submitted
to the unit a certificate from a qualified civil engineer that all
measures and works necessary in the interests of safety and to
secure that it
is incapable of posing any risk of public injury by filling up with water
accidentally or naturally or in any other
manner have been efficiently
undertaken or executed.
(2) Where
a listed dam, embankment or other irrigation work is abandoned in violation of
the provisions of subsection (1) the unit shall:
(a)
in case it is under the charge of a
Canal Officer, report the matter to the Secretary; and
(b)
in all other cases, cause the
measures and works necessary for such purpose to be undertaken or executed at
the expense of its owner
and if he does not, when called upon, make full
payment, such expense shall be recovered from him as an arrear of land revenue.
PART X
RIVERS, EMBANKMENT WORKS AND FLOOD CONTROL
75.
River ledgers.− (1) Every Chief Engineer shall maintain a
separate ledger of every river flowing through the Region under his charge in
such manner
and in such form as may be specified in the relevant Standing
Instruction.
(2) Every
river ledger shall, among other things, contain:
(a)
a log indicating the volume and
physical and chemical characteristics of the water flowing in the river
observed at appropriate intervals
along the entire length of the river during various
periods of a calendar year;
(b)
a succinct description of
prevailing river morphology and other conditions that are relevant to the
proper and efficient management
of the river;
(c)
a detailed account of the existing
uses of river water;
(d)
correct location of every dam,
headwork, weir, sluice, bridge, embankment, and other irrigation work existing
on the river along with
a succinct description of its basic specifications,
performance history and any vulnerability likely to result in flooding or to
impede proper and efficient management of the river; and
(e)
a detailed map of the above on an
appropriate scale.
(3) Every
Chief Engineer shall arrange for the river ledger to be available for public
inspection at his office during usual working hours
at reasonable notice.
76.
Undue interference with and use of river water
prohibited.− (1) No one shall, without proper permission
and authority, obstruct, interfere with or alter the natural flow of a river or
obtain,
use or otherwise apply the water flowing in a river in any manner.
(2) Any
person interested in obtaining a permission for the purpose of subsection (1)
shall apply to a Canal Officer duly authorized in
this behalf under the
relevant Standing Instruction.
77.
Power to remove undue interference with or use
of river water.− (1) Whoever, undertakes or maintains any work,
or installs, operates or maintains any machine, appliance, contrivance or
apparatus
on, or excavates and removes earth, stone or other materials, or
draws or extracts water from a river or its active flood plan or
otherwise
obstructs, interferes with or alters the natural flow of the river, or uses the
lake of a dam without having first obtained
a permission from the authorized
Canal Officer under section 197, shall upon a notice by the Divisional Canal Officer,
remove such
work, machine, appliance, contrivance or apparatus, or promptly
discontinue such excavation or removal, or drawing and abstraction
of water or
use of the lake and restore the river to its original condition at his cost
within such period as may be specified in
the notice.
(2) If
that person neglects, fails in, or refuses to comply with the above direction
within the specified period, the Divisional Canal
Officer may cause the work,
machine, appliance, contrivance or apparatus to be removed, the excavation or
removal, drawing or extraction
of water and use of the lake to be discontinued
and the river restored to its original condition at his expense and all sums
incurred
shall be due by him to the Divisional Canal Officer and if he does
not, when called upon, make full payment, such expenses shall
be recovered from
him as an arrear of land revenue.
78.
Power to dredge, deepen or widen etc. a river.− Where he considers it so expedient in the
interest of proper and efficient management of a river, the Divisional Canal
Officer may:
(a)
dredge, deepen or widen it; and
(b)
remove from it, or its bed or
banks, and dispose of weeds and other growth, driftwood, logs, trees, branches,
sand, stone, gravel
or other similar material.
79.
Prohibition on discharge of noxious matter in
rivers.− (1) No person shall discharge any solid or
liquid matter in a river which does not meet minimum standards for quality of
water fixed
for that river at the point of such discharge.
(2) Whoever,
undertakes or maintains any work or installs and operates any machine,
appliance, contrivance or apparatus in a river or
its active flood plan to
discharge such solid or liquid matter, shall upon a notice by the Divisional
Canal Officer, remove it and
restore the river to its original condition at his
cost within such period as may be specified in the notice.
(3) If
that person neglects, or fails in, or refuses to remove such work, machine,
appliance, contrivance or apparatus and restore the
river to its original
condition, or to otherwise stop such discharge within the specified period, the
Divisional Canal Officer may
cause it to be removed and the river to be so
restored and the discharge to be stopped at his expense and all sums incurred
shall
be due by him to the Divisional Canal Officer and if he does not, when
called upon, make full payment, such expenses shall be recovered
from him as an
arrear of land revenue.
80.
River improvement plans.− (1) For every major river in the Punjab, the
Secretary shall cause to be prepared a plan for its improvement, in relation
to:
(a)
sustainable development of its
water resources; and
(b)
reduction of the risks associated
with flooding from it and droughts.
(2) In
so far as practicable, all works on a river shall be so executed as not to
impair the objectives of the respective improvement
plan.
81.
Designation of a reach of river etc. as
Conservation Zone.− (1) Where he considers it expedient to do so,
the Secretary may propose to the Minister that a particular reach of a river,
canal
or drain or whole or a part of a lake, dam or headwork may be designated
as a Conservation Zone in relation to the preservation and
management of:
(a)
its general environment,
eco-system, habitat, bio-diversity, natural resources and landscape; and
(b)
its historic, cultural, scenic and
recreational value.
(2) If
the Minister so agrees, the Secretary shall cause to be published in an issue
of a reputable daily newspaper a notice carrying.--
(a)
a succinct description of the reach
of the river, canal or drain or the whole or part of the lake, dam or headwork
proposed for designation
as Conservation Zone;
(b)
the objectives of such proposed
designation;
(c)
the proposed boundaries of the
related Buffer Zone and the Strict Conservation Zone;
(d)
the name and address of a Canal
Officer from whom copies of the proposal may be obtained on payment of a fee
fixed by him by a date
fixed in the notice; and
(e)
that any objections to the proposal
may be made by a day falling no earlier than fifteen days from the date of the
notice, and the
name and address of the Canal Officer to whom such suggestions
and objections may be made.
(3) Any
interested person may, by the fixed date, submit his objection, giving facts
and reasons he relies upon therefor, on any of the
following grounds:
(a)
that such designation is
unnecessary or impracticable for any reason; or
(b)
it is likely to be uneconomical.
(4) Where
he considers it so expedient, the Secretary may depute a Canal Officer to hear
any person making such objection, or to hold
a public inquiry on any matter of
general importance brought out in an objection.
(5) The
Canal Officer deputed for hearing an interested person or, as the case may be,
to hold a public inquiry shall submit to the Secretary
a succinct report on his
findings as to whether the objection is invalid or insufficient or shall,
wholly or partly be accepted.
(6) As
soon as may be after expiry of the date of submission of objections and, as the
case may be, receipt of said report from Canal
Officer, the Secretary shall lay
the proposal before the Cabinet for approval citing his opinion on objections
received in this respect.
(7) Where
the Cabinet is satisfied that it is likely to be in the public interest, it may
designate the reach of the river, canal or drain
or whole or part of the lake,
dam or headwork to be a Conservation Zone.
(8) Such
designation shall be published in the official gazette, giving:
(a)
a succinct description of the reach
of the river, canal or drain or whole or part of the lake, dam or headwork
designated as the Conservation
Zone;
(b)
the objectives of the Conservation
Zone;
(c)
the boundaries of the related
Buffer Zone and Strict Conservation Zone.
82.
Management of Conservation Zones.− (1) Immediately after its publication in the
official gazette under section 81 or, as the case may be, on a date specified
for giving
effect to such designation in the official gazette, the Conservation
Zone shall be managed by a Canal Officer so authorized by the
Secretary.
(2) For
the purpose of such management, the authorized Canal Officer shall give due
regards to the better practices related to the objectives
of the designation,
and in addition to such other things as may be required by him to be done to
meet such objectives:
(a)
no person shall exploit any natural
resource from any land falling within the Strict Conservation Zone by way of
hunting, fishing,
felling of trees or removal of vegetation, agriculture,
materials or any other similar means;
(b)
no person shall use his land falling
within a Buffer Zone in contravention of any restriction and guideline
prescribed to meet the
objectives of the Conservation Zone; and
(c)
any access road, building and
similar other work shall be so undertaken, and any other facility or amenity
for population residing
in the Conservation Zone shall be so provided, as not
to impair its conservation value or management objectives.
(3) Any
owner of land or other person who is permanently affected by any restriction
imposed to give effect to the provisions of this
section, shall be eligible to
receive reasonable compensation and may make a claim before the Collector.
(4) Every
claim received under this section shall be decided by the Collector in terms of
section 4 of the Land Acquisition Act, 1894
(I of 1894) and paid within one year from the day it falls due.
(5) No
such claim shall be admitted after expiry of one year from the date of such
affect complained of unless the Collector is satisfied
that the claimant had
sufficient cause for not making the claim within such period.
83.
Execution of public embankment works.− (1) Whenever it appears to the Chief Engineer
that:
(a)
a new public embankment shall be
executed;
(b)
the line of an existing public
embankment shall be altered or lengthened;
(c)
a sluice may be made through a
public embankment;
(d)
an embankment which connects a
public embankment or is formed by junction with the part of a line of public embankment
shall be taken
under the charge of the Government; and
(e)
an embankment or obstruction of any
kind, which endangers the stability of a public embankment or safety of a town
or village, or
which is likely to cause loss of property by interfering with
the general or flood drainage of any tract of land shall be removed
or altered;
he may cause a provisional scheme to be
prepared along with a map showing lands likely to be affected and benefited by
it, and shall
cause a notice specifying that any objections may be made to him
by a day falling no earlier than fifteen days from the date of the
notice.
(2) Any
interested person may, by the fixed date, submit his objection to the Chief
Engineer, giving facts and reasons he relies upon
therefor, on any of the
following grounds:
(a)
that the said scheme is unnecessary
or impracticable for any reason; or
(b)
it is likely to be uneconomical.
(3) Where
no objection is received by the fixed date, or the objections so received are,
in view of the Chief Engineer, insufficient or
invalid, he may approve the said
scheme with or without any modifications and:
(a)
where so required submit it to the
Secretary for arranging sums to carry out the scheme or to permit him to take
over an embankment
referred to at clause (d) above;
(b)
allow the sluice to be made through
a public embankment; or
(c)
require the owner of the embankment
or the person causing the obstruction referred to at
clause (e) above, to remove or suitably alter it, and if he ignores or refuses
to do so, cause it to be removed or altered at his
expense, and all sums
incurred shall be due by him to the Chief Engineer and if he does not, when
called upon, make full payment,
such expenses shall be recovered from him as an
arrear of land revenue.
(4) Where
it appears to the Divisional Canal Officer that immediate doing or execution of
any act or work mentioned in subsection (1)
is necessary to prevent or control
a sudden and extensive public injury, he may, with the permission of the Chief
Engineer, do such
act or execute such work immediately and the provisions of
this section relating to notice, invitation of objections shall not apply.
84.
Execution of new private embankment works.− (1) Whenever a person intends to erect an
embankment or to extend, widen, alter or remove any existing embankment at his
expense,
he may make an application to the Chief Engineer indicating through an
accompanying map the lands likely to be affected and benefited
by it.
(2) Where
it appears to the Chief Engineer that the work applied for is, on the face of
it, beneficial, he may invite and decide any objections
to it in accordance
with the provisions of section 83, in so far as may be, and accordingly refuse
or accept the application with
or without any modification.
85.
Pathways, hedges etc. on embankments to vest in
Government.− (1) Every embankment and every embanked
tow-path maintained or restored by the Government, and the entire land, earth,
pathways,
gates, berms and hedges belonging to or forming part of, or standing
on any such embankment shall vest in the Government.
(2) Provisions
of subsection (1) shall also apply to a private embankment as long as it is
held by the Government on behalf of the persons
interested in the lands to be
protected or benefited by such embankment.
86.
Roads, water courses and sluices passing over,
through or under an embankment.− (1) No
road, canal, drain, water course, sluice or pipe shall be allowed to pass over,
through or under a public embankment, except
with the written permission of the
Divisional Canal Officer.
(2) All
canals, drains, water courses, sluices and pipes passing through a public
embankment shall be opened, shut and run in such manner
as may be ordered by
the Divisional Canal Officer, or the officer in the immediate charge of the
embankment, under such order.
87.
Structural safety standards for embankments.− (1) All
embankments shall comply with the construction and safety standards fixed by
the Secretary under a relevant Standing Instruction.
(2) Such
standards shall be fixed in consideration of, among other things, the last
reported highest water levels, prevailing topography,
geological conditions and
river behaviour in the corresponding reach, availability of local construction
materials, the dead load,
water pressure and other anticipated loads as well as
the need for economy of effort.
88.
Alignment etc. of an embankment to be fixed
after study.− Unless, in the view of the Chief Engineer, it
shall be immediately executed to prevent or control a sudden and extensive
public injury,
the alignment, geometry, layout, height and other specifications
of an embankment and river training work shall be fixed only after
carrying out
and giving due consideration to the results of:
(a)
topographical surveys and analysis
of local soil and geological conditions; and
(b)
a simulation, by an appropriate
mean such as physical or numerical modeling, of the
river conditions which are likely to affect its safety and efficient operation,
and the impact it is likely to have on the
flood plain and prevailing river
conditions after its execution.
89.
Maintenance of embankments.− (1) A Divisional Canal Officer may make any
repair in and do all other acts necessary and proper for the maintenance of a
public
embankment or any private embankment taken charge of under section 83.
(2) The
owner of a private embankment may make any repairs in and do all other acts
necessary and proper for its maintenance less any
cut or alteration made in it
under the orders of the Divisional Canal Officer.
90.
Regulations for operation of dams, weirs,
sluices etc.− (1) Every Chief Engineer shall fix regulations
for the operation of all dams, headworks, weirs, sluices and embankment falling
within
the Region under his charge.
(2) Such
regulations shall, among other things, provide for matters relating to:
(a)
the volume of and manner in which
water shall be stored, released, passed through, around or besides a dam,
headwork, weir, sluice
or embankment;
(b)
their continued surveillance and
inspection;
(c)
machinery, instruments, stores and
other materials required for their efficient and safe operation; and
(d)
the means for making meteorological
and hydrological observations for their efficient and safe operations.
(3) Every
dam, headwork, weir, sluices and embankment shall be operated in accordance
with the regulation fixed for it.
91.
Flood risk management strategy.− (1) The Secretary
shall, propose to the Minister, a draft strategy for the management of flood
and river erosion risk in the Punjab.
(2) Such
draft strategy shall, among other things, specify:
(a)
an objective assessment of flood
and river erosion risk;
(b)
objectives for managing flood and
river erosion risk;
(c)
measures for achieving these
objectives and when and how these measures are to be applied;
(d)
cost and benefit of these measures,
and how these are to be paid for;
(e)
authorities responsible for
managing flood and river erosion risk and their respective functions and
responsibilities; and
(f)
how and when the strategy is to be
reviewed.
(3) For the purpose of developing the draft strategy, the
Secretary shall consult all relevant authorities, a good number of persons with
relevant experience and knowledge as well as public at large.
(4) The
Secretary shall lay the draft strategy before the Cabinet, and where the
Cabinet is satisfied that implementation of the draft
strategy is in the public
interest, approve it with or without any modifications.
92.
Flood protection plans.− (1) Every year, sufficiently before the onset
of monsoon, every Divisional Canal Officer shall:
(a)
carry out an objective assessment
of likely sources and probability of riverine flooding in the area under his
charge and the risks
and damages associated with such an event; and
(b)
based on such assessment, prepare a
plan to prevent such risks, and apprehend and avert any public injury.
(2) The
said plan shall be consistent with the strategy referred to at section 91 and,
among other things, include:
(a)
a mention of any dam, headwork,
weir, sluice, or other irrigation work, or reach of an embankment, canal or
drain which is weak or
otherwise vulnerable and a schedule for its
surveillance, strengthening and protection;
(b)
the number and description of
officers, other staff and labourers as well as earth moving machines,
instruments, stores and other
materials which will be required for effectively
responding to various levels and types of flood events;
(c)
a description of areas, persons and
properties that are likely to be affected at various levels and types of flood
events and procedures
and measures to be followed for their protection;
(d)
a plan for forecasting flood events
and procedures for warning and evacuation of population from affected areas;
(e)
relevant inundation maps at an
appropriate scale;
(f)
the role and duties of various
authorities in this respect and a system to effect coordination among them for
collaborative action;
and
(g)
a mention of specific event or
point in time when the plan or any measure under it shall be put into
implementation.
(3) A
similar plan shall be prepared by every Superintending Canal Officer and Chief
Engineer in respect of the areas under their charge,
and by the Secretary in
respect of the Punjab.
93.
Duty towards collaborative effort for flood
protection.− (1) It shall be the duty of every authority
entrusted with any function or responsibility under the strategy referred to at
section
91 or the flood protection plan to:
(a)
fully and efficiently discharge all
such functions and responsibilities and spare all possible resources under its
control for this
purpose;
(b)
cooperate with every other such
authority in the discharge of its functions and responsibilities under the
flood protection plan or
the strategy; and
(c)
promptly share any relevant
information under its control.
(2) All
flood protection efforts in a district shall be led and supervised by the
Deputy Commissioner of that district and subject to
any general instructions of
the Secretary:
(a)
every authority mentioned in the
flood protection plan shall abide by his orders and instructions in this
respect; and
(b)
the Divisional Canal Officer shall
generally assist and advise him on the engineering aspects of such effort.
94.
Powers of the Deputy Commissioner to deal with
floods.− (1) In addition to any other power that may be
conferred upon him by the Government in this respect, a Deputy Commissioner
shall,
for the purpose of implementing a flood protection plan and to fight a
flood event in general, have the powers to:
(a)
segregate and evacuate any
population which is affected or is likely to be affected by flood;
(b)
requisition, for a reasonable
duration, any earth-moving machine, motor vehicle, cart, carriage, boat or
beast of burden, or any building,
land, equipment;
(c)
requisition earth, stone or any
other material or store in the required quantities;
(d)
conscript labour;
(e)
remove, demolish or alter any
building or other structure;
(f)
direct any person to abstain from a
certain act or to take certain order with regard to certain property in his
possession or under
his control; and
(g)
requisition and use the services of
any employee of the Government working within the district under his charge.
(2) Any
owner of the earth moving machine, motor vehicle, cart, carriage, boat or beast
of burden, building, land, equipment, earth, stone
or any other material or
store which is requisitioned, or a building or other structure which is
demolished or altered, or the person
who is conscripted for labour or directed
to abstain from a certain act or to take any order with regards to any
property, shall
be eligible to reasonable compensation and may make a claim
before the Collector.
(3) Any
earth-moving machine, motor vehicle, cart, carriage, boat, beast of burden,
building, land, equipment, earth, stone, or any other
material or store with
regards to which an order to be requisitioned has been passed under subsection
(1) shall forthwith vest in
the Deputy Commissioner, who may deal with it in
such manner as he deems proper for the discharge of his duties under this Act.
(4) As soon as may be, after the purpose for
which such earth-moving machine, motor vehicle, cart, carriage, boat, beast of
burden, building,
land, equipment, material or store was requisitioned has been
served, or any earth, stone or other material which is left unused,
it may, at
the request of his owner, be returned to him by the Deputy Commissioner after
he refunds the compensation paid to him
less the usual depreciation charges.
(5) The Deputy Commissioner may use or cause
to be used such force as may, in his opinion, be reasonably necessary for
securing compliance
with or giving effect to or preventing any contravention of
an order passed or for the effective exercise of power exercisable under
this
section.
(6) Every
claim received under this section shall be decided by the Collector in terms of
section 4 of the Land Acquisition Act, 1894
(I of 1894) and paid within one year from the day it falls due.
(7) No
claim shall be admitted after expiry of one year from the date of such
requisition, or demolishing or alteration of the structure,
or conscription, or
passing of the order unless the Collector is satisfied that the claimant had
sufficient cause for not making
the claim within such period.
95.
Designation of a section of an embankment to be
a fuse plug and its operation.− (1)
Whenever he considers it so expedient, the Secretary may propose to the Chief
Minister that a section of any embankment may be
declared to be a fuse plug to
divert, as safely as possible, excessive water flowing in a river, canal or
drain so that:
(a)
the water flowing or likely to flow
through the appertaining dam, headwork, bridge or other irrigation work does
not exceed its safe
discharging capacity; or
(b)
water level against any other
section of an embankment does not rise to an extent that it becomes unsafe and
thereby pose a risk of
extensive damage to life and property or an installation
of public importance it is meant to protect.
(2) Where
the Chief Minister so agrees, the Secretary may, by a notification published in
the official gazette, declare that section of
the embankment to be a fuse plug.
(3) A
fuse plug shall be operated by the Deputy Commissioner on the advise of the Divisional Canal
Officer under the circumstances mentioned in the relevant Standing Instruction.
(4) No
claim for compensation or other legal proceedings shall lie against the
Government in respect of any loss caused by the operation
of a fuse plug.
96.
Flood forecasting and routing analysis.− (1) The Government shall maintain an
adequately resourced unit to undertake, among other things, the following
tasks, namely:
(a)
continuously collect, record and analyze relevant information on meteorological conditions,
observed patterns of rain fall and melting of glaciers and snow in their
watershed,
and other related phenomena and develop a forecast of expected flows
in various rivers in the Punjab as well as to further enhance
any similar
forecast received through other authorities and sources;
(b)
identify areas that are likely to
be inundated by such flows;
(c)
identify any dam, headwork, weir,
bridge, canal, drain, embankment or other irrigation work that is likely to
become unsafe or vulnerable
in view of the water levels achieved or likely to
be achieved under such flows;
(d)
identify areas that are likely to
be inundated if the water leaks or escapes from a dam, headwork, weir, canal,
drain, embankment
or other irrigation work, and the route such water is likely
to take before draining off completely; and
(e)
promptly disseminate information on
the above aspects as required under a relevant Standing Instruction.
(2) The
unit shall consist of a head and other officers and staff of such description
and in such number as the Government may, from time
to time, fix.
(3) The
said head, officers and staff shall be appointed in such manner and perform
such duties and exercise such powers as may be prescribed.
PART XI
OF GROUND WATER
97.
Ground water zones and their administration.− (1) Where he considers it expedient to do so,
the Secretary may, having regards to the lay of various river basins and
sub-basins,
irrigation areas of various canals and other relevant factors,
divide the ground water in the Punjab into zones in the interest of
better
management.
(2) For
each of the said zone, there shall be an officer in-charge to carry out the
provisions of this Act within the limits of the zone.
(3) In
his work, the officer in-charge shall be assisted by other officers and staff
of such description and in such number as the Government
may, from time to
time, fix.
(4) The
officer in-charge, other officers and staff shall be appointed in such manner
and perform such duties and exercise such powers
as may be prescribed.
98.
Measurement of ground water.− (1) The officer in-charge of a zone shall
cause to be collected and maintained, at such intervals and in such manner as
may be specified
in the relevant Standing Instruction, information on:
(a)
the existing levels of water table
at various points within such zone; and
(b)
basic physical and chemical
characteristics of the ground water
(2) Each
calendar year, no later than the last working day of the month of January,
every officer in-charge shall submit to the Secretary
a report which shall,
among other things, contain:
(a)
the information mentioned at
subsection (1) pertaining to the last preceding calendar year;
(b)
an estimate of the water recharged
into and water abstracted from the said zone during the last preceding calendar
year;
(c)
a succinct description of the main
sources of such recharge and the various purpose to which abstracted water was
applied;
(d)
the general health of the related
ground water; and
(e)
an estimate of the ground water
which can be abstracted from the zone on a sustainable basis.
(3) Each
calendar year, no later than the last working day of the month of March, the
Secretary shall cause a similar report on ground
water in the Punjab for the
preceding calendar year to be prepared and laid before the Minister.
(4) The
Secretary shall arrange for every such report to be available for public
inspection at his office during usual working hours at
reasonable notice.
99.
Duty of owners of wells to allow collection of
samples.− (1) For
the purpose of section 98, the owner or person having control over a well
shall, whenever so required, allow the officer in-charge
of the zone or the
officers and staff sub-ordinate to him, to:
(a)
collect, free of any charge,
samples of ground water from that well; or
(b)
use, free of any charge, the shaft
of the well to install implements to collect information on physical and
chemical characteristics
of the ground water.
(2) An owner or occupier of a well who is permanently affected
by any measure taken to give effect to the provisions of this section,
shall be
eligible to receive reasonable compensation and may make a claim before the Collector.
(3) Every
claim received under this section shall be decided by the Collector in terms of
section 4 of the Land Acquisition Act, 1894
(I of 1894) and paid within one year from the day it falls due.
(4) No
such claim shall be admitted after expiry of one year from the date of
occurrence of the affect of any measure complained of
unless the Collector is satisfied that the claimant had sufficient cause for
not making the claim within
such period.
100.
Ground water improvement plans.− (1) The Secretary shall propose to the
Minister a plan for improvement of ground water in the Punjab in relation to,
among other
things:
(a)
the conjunctive use of various
sources of surface and ground water;
(b)
re-charge of ground water in areas
where the water table is falling consistently;
(c)
betterment of physical and chemical
characteristics of ground water; and
(d)
sustainable abstraction of ground
water.
(2) If
the Minister so agrees, the Secretary shall cause to be published in an issue
of a reputable daily newspaper a notice mentioning:
(a)
that the plan has been so prepared;
(b)
the name and address of a Canal
Officer from whom copies of the plan may be obtained on payment of a fee fixed
by him by a date fixed
in the notice; and
(c)
that any objections to the plan may
be made by a day falling no earlier than fifteen days from the date of the
notice, and the name
and address of the Canal Officer to whom such suggestions
and objections may be made.
(3) Any
interested person may, by the fixed date, submit his objection, giving facts and
reasons he relies upon therefor, on any of the
following grounds:
(a)
that the plan is unnecessary or
impracticable for any reason; or
(b)
it is likely to be uneconomical.
(4) Where
he considers it so expedient, the Secretary may depute a Canal Officer to hear
any person making such objection, or to hold
a public inquiry on any matter of
general importance brought out in an objection.
(5) The
Canal Officer deputed for hearing an interested person or, as the case may be,
to hold a public inquiry shall submit to the Secretary
a succinct report on his
findings as to whether the objection is invalid or insufficient or shall,
wholly or partly be accepted.
(6) As
soon as may be after expiry of the date of submission of objections and, as the
case may be, receipt of said report from Canal
Officer, the Secretary may lay
the plan before the Cabinet for approval citing his opinion on objections
received in this respect.
(7) Where
the Cabinet is satisfied that it is likely to be in the public interest, it may
approve the plan with or without any modification.
101.
Execution of works to re-charge or otherwise
improve ground water.− (1) An officer in-charge of a zone, or when so
directed by the Secretary an authorized Canal Officer, may prepare and execute
any
work or do all other things necessary to recharge or otherwise improve a
ground water source in the zone under this charge.
(2) In
so far as practicable, all works shall be so executed and other things so done
as not to impair the objectives and any general
methodology mentioned in the
groundwater improvement plan.
102.
Unsafe discharge into ground water prohibited.− (1) No person shall discharge or dispose of
waste water, sewage, industrial or other effluent, contaminant or any other
noxious material
into any well or otherwise in such manner that it may lead to
leaching or percolation of any ill affect into the ground water;
(2) Whoever discharges, disposes of or
dumps any matter in contravention of any provision of subsection (1), shall
upon a notice by the
officer in-charge of the zone, refrain from it
immediately.
(3) If
that person neglects, or fails in, or refuses to refrain from such
contravention, the officer in-charge of the zone may cause such
discharge,
disposing of or dumping to be stopped and removed at his expense and all sums
incurred shall be due by him to the officer
in-charge and if he does not, when
called upon, make full payment, such expenses shall be recovered from him as an
arrear of land
revenue.
103.
Officer in-charge of a zone and officers
subordinate to him to exercise powers of Canal Officers.− For the purpose of this part, an officer
in-charge of a zone and officers sub-ordinate to him may exercise all or any
powers of a
Canal Officer under section 11 or such other powers of a Canal
Officer as may be vested in him by the Secretary.
PART XII
OF NAVIGATION OF RIVERS AND CANALS
104.
Declaration of a river reach or canal to be a
navigation line.− (1) Where he considers it expedient to do so,
the Secretary may propose to the Chief Minister that a suitable reach of any
river or
a canal shall be declared a navigation line and provisions of this
Part shall apply to, and be in force, as regards any navigation
in such
channel.
(2) If
the Chief Minister so agrees, the matter of declaration of that reach as
navigation line shall be notified in the official gazette
and provisions of
this Part shall apply immediately thereafter or, as the case may be, after a
day appointed for this purpose in
that notification.
105.
Appointment of Supervisors.− The Secretary may appoint a Canal Officer to
be the Supervisor to make or open a new line of navigation and, as the case may
be,
to regulate the entry into and use of an existing navigation line by
vessels.
106.
Liability of vessels to pay navigation charges.− No vessel shall enter into or use a navigation
line without having paid a toll fixed in terms of section 144.
107.
Removal and detention etc. of vessels and goods.− (1) A Supervisor may remove, detain, seize and
sell any vessel entering into or using a navigation line or the goods and cargo
laden
on it, where he considers it expedient to do so:
(a)
to avoid any damage to the works
existing on a navigation line or to any other vessel and person using that
navigation line;
(b)
to recover any toll due against
such vessel, or goods or cargo laden on it;
(c)
to recover any fines imposed upon
the owner of such vessel for contravention of any rule relating to the use of
navigation line;
(d)
to defray any expense incurred on
repair of any damage caused by that vessel to the works existing on the
navigation line, other vessels
or persons using it; and
(e)
to defray any expenses incurred on
such removal, detention, seizure or sale of the vessel.
(2) No
vessel or any goods and cargo laden on it which has been removed or detained
under subsection (1) shall be seized and sold unless
the person owning it
neglects or refuses to pay such sum in full despite having been served two
written notices with an interval
of not less than one month, that the vessel or
goods and cargo have been so detained and will be sold to recover such payment.
(3) For
the purpose of this section:
(a)
all vessels, goods and cargos shall
be sold through open auction;
(b)
a vessel shall not be sold where,
in view of the Supervisor, the sums likely to be received by way of sale of its
furniture, other
contents and removable parts will be sufficient to recover the
sums due against the vessel;
(c)
only such part of seized goods and
cargo shall be sold which is likely to, as nearly as possible, fetch sufficient
sum to defray the
sums due against its owner;
(d)
any sum received by way of such
sale which is left after defraying the sums due, and in the like manner, any
left-over goods or cargo
and, as the case may be, the vessel, shall be returned
to its owner.
(4) Where
the Supervisor is in doubt as to whom a detained or seized vessel, good and
cargo, or the left-over sum from the sale of such
vessel, good or cargo shall
be returned, he shall hold it until the right in it is decided by a court of
competent jurisdiction.
PART XIII
OF ENGINEERING ACADEMY
108.
Continuation of the Academy.− (1) The previously established Punjab
Engineering Academy shall continue under this Act to impart induction,
in-service and other
types of training to:
(a)
all officers and staff appointed
under this Act who are required to undergo a training at the Academy by the Secretary;
and
(b)
the officers and staff of any other
department in the Punjab or any other province or territory comprising Pakistan
engaged in duties
requiring engineering and related skills when so directed by
their respective authorities.
(2) Subject
to the permissions required under any relevant law, the Academy may impart
education in relation to an engineering discipline
to interested persons at
such terms and subject to payment of such fees as may be decided by the Board
of Governors.
(3) The
administration of the Academy shall rest with the Principal who shall be
assisted by other officers and staff of such description
and in such number as
the Government may, from time to time, fix.
109.
Board of Governors of the Academy.− (1) There shall be a Board of Governors to
oversee and direct the work of the Academy, which shall consist of the
following eleven
members, namely:
(a)
the Minister, who shall also be the
Chairperson of the Board of Governors;
(b)
the Secretary, who shall also be
the Vice-Chairperson of the Board of Governors;
(c)
the Secretary in-charge of the
Finance Department;
(d)
the Engineer-in-Chief of the
Pakistan Army;
(e)
the Principal, who shall also be
the Secretary of the Board of Governors;
(f)
the chairperson, by whatever name
called, of a body constituted under any law for regulation of engineering
profession in Pakistan;
(g)
the head of a reputable public
funded university imparting higher education in any relevant engineering
discipline, by whatever name
called;
(h)
a leading academician or scientist;
(i)
a prominent person engaged in a
relevant engineering profession; and
(j)
a retired Chief Engineer and an
officer of any other department in the Punjab tasked with engineering works who
has retired in a similar
position, having impeccable engineering skills and a
repute for integrity and professionalism.
(2) The
members mentioned at clauses (g) to (j) above, shall be:
(a)
non-official members of the Board
of Governors;
(b)
appointed by the Chief Minister for
a term of two years on the recommendation of the Secretary; and
(c)
eligible for re-employment for a
second term in the like manner.
(3) After
affording him an opportunity to show cause as to why he shall not be so
removed, the Chief Minister may remove any non-official
member before the
expiry of his term of office on the ground of misconduct or inefficiency or
both.
(4) The Board of Governors shall be a body
corporate with perpetual succession and a common seal, with power to enter into
contracts and
acquire and hold property, movable and immovable, and shall in its
corporate name, sue and be sued.
(5) All
properties, funds, assets and liabilities, officers and staff of the Academy on
the date of coming into force of this Act shall
stand vested in the Board of
Governors.
110.
Meetings and procedure of the Board of Governors.− (1) The Board of Governors shall meet at such
time and at such places, and in such manner as it may fix for this purpose.
(2) The
quorum for a meeting of the Board of Governors shall be seven members provided
that one of such members is the Chairperson or
the Vice Chairperson.
(3) All
decisions of the Board of Governors shall be made by majority of votes of the
members present and voting.
(4) Every
member of the Board of Governors shall have one vote, provided that the
Chairperson or, as the case may be, the Vice-Chairperson
while presiding a
meeting of the Board of Governors shall not vote on any matter except for
breaking a tie.
111.
General powers of the Board of Governors.− (1) Subject to any rules on the subject, the
Board of Governors shall have powers to oversee and
direct the work of the Academy, in particular in respect of the following
matters, namely:
(a)
curriculum and methods for
imparting training and education at the Academy;
(b)
making arrangements with other
reputable domestic and foreign institutions in relation to improvement of
training and education at
the Academy or imparting part training and education
in selected areas at such domestic or foreign institutions;
(c)
fees to be paid by officers and
staff and interested persons in relation to training or, as the case may be,
education received at
the Academy;
(d)
acquisition and disposal of
properties and to generally enter into contracts for the purposes of this Act;
(e)
remuneration of its members;
(f)
recruitment of and terms and
conditions of the service of the Principal, other officers and staff of the
Academy as well as the temporary
and visiting teaching staff;
(g)
plans for effecting improvement of
training and education at the Academy;
(h)
application of monies of the Board
Fund for the purpose of section 113;
(i)
acquisition of loans, with the
prior sanction of the Government, for the purpose of this Act;
(j)
setting up of committees required
for carrying out the purposes of this Act; and
(k)
framing, subject to approval of the
Government, the instructions for the conduct of its business.
(2) The
Board of Governors may delegate all or any of its powers to the Chairperson,
Vice-Chairperson, Principal or any other officer
of the Academy.
112.
The Board Fund and its sources.− (1) There shall be a fund to be called the
Board Fund, for the purpose of this Act.
(2) There
shall be credited to the Board Fund:
(a)
all sums received by way of fee for
imparting trainings and education at the Academy;
(b)
any sum transferred to it by the
Government for the purpose of this Act, or any gift, grant or contribution by
any other person or
organization;
(c)
all loans raised by the Board of
Governors for the purpose of this Act with the prior permission of the
Government;
(d)
all sums received by way of
interests and profits accruing from any investment of the money from it; and
(e)
all proceeds from such other
sources of income as the Government may, from time to time, direct to be
credited to it.
(3) All
moneys at the credit of the Board of Governors shall be kept in such custody as
may be prescribed under the rules.
(4) The
Board Fund shall be administered by a suitably trained and experienced fund
manager under the supervision and control of the Board
of Governors.
(5) All
sums, assets and liabilities, officers and staff of the Research Fund shall
vest in the Board of Governors.
113.
Application of the Board Fund.− The moneys credited to the Board Fund shall
not be applied for any purpose other than:
(a)
provision of, or maintenance,
repair and renewing of any building, furniture, vehicles, instrument, training
aid or other facility
to impart training and education at the Academy;
(b)
payment of any sum due to any
domestic or foreign institution in relation to the improvements in training or
education at the Academy
effected through it or part training or education
imparted by it;
(c)
retirement of any loan acquired by
the Board of Governors for the purpose of this Act;
(d)
investment for profitable purposes;
(e)
payment of salaries and other
remunerations to the Principal, officers and staff of the Academy, any
temporary teaching staff, members
of the Board of Governors, fund manager and
other officers and staff of the fund;
(f)
generally in relation to improving
the standard of training and education at the Academy or otherwise enhancing
the capacities of
Canal Officers, other officers and staff appointed under this
Act in relation to their duties;
(g)
generally in relation to the
functions of the Board of Governors or the Academy under this Act; and
(h)
any other purpose that is allowed
by the Government.
114.
Accounts keeping and audit of fund.− (1) The Board of
Governors shall maintain complete, accurate and updated books of accounts of
the Board Fund in such form as may be prescribed
under the rules.
(2) The
accounts of the Board Fund shall be audited by the
Auditor General of Pakistan in such manner as may be prescribed under the
rules.
(3) Copies
of every audit report shall be sent to the Board of Governors and, as soon as
may be, by the Board to the Secretary after adding
their comments on it.
(4) The
Board of Governors shall promptly and fully carry out any instruction of the
Secretary for rectification of any objection raised
in such audit report.
115.
Superintendence of the Board of Governors.− (1) The Board of
Governors shall remain under general superintendence and control of the
Government.
(2) As
soon as may be after the close of every financial year but not later than the
last day of the month of August next following, the
Board of Governors shall
submit to the Government a report on the conduct of its affairs for that year.
(3) The
Chief Minister, Minister or Secretary may, at any time, require the Board of
Governors to promptly furnish to him:
(a)
any return, statement, estimate, statistics
or other information or report regarding any matter under their control; or
(b)
a copy of any document in their
charge.
(4) The
Board of Governors shall carry out every lawful instruction of the Government
with regards to its functions under this Act.
116.
Chairperson, non-official members and Principal
etc. to be public servants.− The
Chairperson, non-official members of the Board of Governors and the Principal,
officers and staff of the Academy, as well as
any member of a committee
constituted by the Board of Governors under section 111, shall be deemed to be
a public servant within
the meanings of section 21 of the Pakistan Penal Code
1860 (XLV of 1860).
PART XIV
OF IRRIGATION RESEARCH
117.
Continuation of the Irrigation Research
Institute.− (1) The previously established Irrigation
Research Institute shall continue to:
(a)
conduct and disseminate research in
surface hydrology, soil mechanics and such other areas as may be assigned to it
by the Secretary
from time to time;
(b)
design irrigation works;
(c)
test the efficacy and suitability
of hydraulic structures and to simulate conditions affecting their safety as
well as their impact
on related flood plain and prevailing flow conditions;
(d)
test and recommend the use of
various materials, techniques and designs for better construction and
management of irrigation works;
(e)
regularly analyze
and report upon the capacity and performance of irrigation, reclamation, flood
control, and rivers and ground water management systems
in the Punjab; and
(f)
advise the Secretary, Canal
Officers, other officers and related persons on the above matters.
(2) The
Institute may establish and maintain such laboratories and other facilities as
may be required for the said purposes.
(3) The
Institute shall be headed by a Chief Engineer who shall be assisted by other
officers and staff of such description and in such
number as the Government
may, from time to time, fix.
(4) The
said Chief Engineer, officers and staff shall be appointed in such manner and
perform such duties and exercise such powers as
may be prescribed.
118.
The Irrigation Research Fund and its sources.− (1) There shall be a fund to be called the
Irrigation Research Fund for the purposes of this Act.
(2) There
shall be credited to the said fund:
(a)
any sum transferred by the
Government to it for the purpose of this Act, or any gift, grant or
contribution by any other person or
organization;
(b)
all sums received by way of fee for
services rendered by the Institute;
(c)
all sums received by way of
interests or profits accruing from any investment of the fund money; and
(d)
all sums received from such other
sources of income as the Government may, from time to time, direct to be
credited to this fund.
(3) All
moneys credited to the said fund shall be kept in such custody as may be
prescribed under the rules.
(4) The
said fund shall be administered by a suitably trained and experienced fund
manager under the supervision and control of the Research
Board.
119.
Board for administration of Irrigation Research
Fund.− (1) There shall be a board to administer
Irrigation Research Fund for the purposes of this Act, which shall consist of
the following
seven members, namely:
(a)
the Minister, who shall also be the
Chairperson of the Research Board;
(b)
the Secretary;
(c)
the Secretary in-charge of the
Finance Department;
(d)
the Chief Engineer in-charge of the
Institute;
(e)
the chairperson, by whatever name
called, of a body constituted under any law for regulation of engineering
profession in Pakistan;
(f)
a leading academician in any
discipline relating to hydraulic engineering, or any other person with a
considerable practice in the
said area and a repute for integrity and
professionalism; and
(g)
a retired Chief Engineer having
impeccable engineering skills and a repute for integrity and professionalism.
(2) The
members mentioned at clause (f) and (g) above, shall be:
(a)
non-official members of the
Research Board;
(b)
appointed by the Chief Minister for
a term of two years on the recommendation of the Secretary; and
(c)
eligible for re-employment for a
second term in the like manner.
(3) After
affording him an opportunity to show cause as to why he shall not be so
removed, the Chief Minister may remove any non-official
member before the
expiry of his term of office on the ground of misconduct or inefficiency or
both.
(4) The
Research Board shall be a body corporate with perpetual succession and a common
seal, with power to enter into contracts and acquire
and hold property, movable
and immovable, and shall in its corporate name, sue and be sued.
(5) All
sums, assets and liabilities, officers and staff of the Research Fund shall
vest in the Research Board.
120.
Meetings and procedure of the Research Board.− (1) The Research Board shall meet at such time
and at such places, and in such manner as it may fix for this purpose.
(2) The
quorum for such meetings shall be three members provided that one of such
members is the Chairperson.
(3) All
decisions of the Research Board shall be made by majority of votes of the
members present and voting.
(4) Every
member of the Research Board shall have one vote, provided that the Chairperson
shall not vote on any matter except for breaking
a tie.
121.
General powers of the Research Board.− (1) Subject to the rules, the Research Board
shall have all the powers to oversee and administer
the Research Fund, particularly in respect of the following matters, namely:
(a)
acquisition and disposal of
property and generally to enter into contracts for the purposes of this Act;
(b)
application of monies of the
Research Fund for the purpose of section 122;
(c)
making arrangements for
collaborating with and learning from other domestic and foreign institutions
engaged in areas mentioned at
section 117;
(d)
fixing of fees for various services
rendered by the Institute;
(e)
remuneration of its members;
(f)
recruitment and determination
of terms and conditions of the service of fund manager, other officers and
staff of the fund;
(g)
setting up one or more panels of
experts to assist and advise the Canal Officers and other persons on matters
referred to at section
117 and to fix remuneration for their services;
(h)
setting up of its committees; and
(i)
framing, subject to approval of the
Government, instructions for the conduct of its business.
(2) The
Research Board may delegate all or any of its powers to the Chairperson, any
other member, fund manager or any other officer of
the fund.
122.
Application of the Board Fund.− The moneys credited to the Board Fund shall
not be applied for any purpose other than:
(a)
provision of, or maintenance,
repair and renewing of any building, furniture, vehicle, instrument, research
aid or other facility
in relation to the matters mentioned at section 117;
(b)
payment of sums in relation to any
arrangement to collaborate with, or to effect improvement or to learn from any domestic
or foreign
institution in any matter mentioned at section 117;
(c)
retirement of any loan acquired by
the Board of Governors for the purpose of this Act;
(d)
investment for profitable purposes;
(e)
payment of remuneration, and as the
case may be, salary to members of the Research Board, experts engaged by the
Research Board to
assist and advise the Canal Officers and other persons on any
matter mentioned at section 117, and the fund manager and other officers
and
staff of the fund;
(f)
generally in relation to improving
the capacities of the Institute, Canal Officers, other officers and staff
appointed under this
Act in relation to any matter mentioned at section 117;
(g)
generally in relation to the
functions of the Research Board or the Institute under this Act; and
(h)
any other purpose that is allowed
by the Government.
123.
Accounts keeping and audit of the Research Fund.− (1) The Research
Board shall maintain complete, accurate and updated books of accounts of the
Research Fund in such form as may be prescribed.
(2) The
said accounts shall be audited by the Auditor General
of Pakistan in such manner as may be prescribed.
(3) Copies
of every audit report shall be sent to the Research Board and, as soon as may
be, by the Research Board to the Secretary after
adding their comments on it.
(4) The
Research Board shall carry out any instruction of the Secretary for
rectification of any objection raised in such audit report.
124.
Superintendence of the Research Board.− (1) The Research
Board shall remain under general superintendence of the Government.
(2) As
soon as may be after the close of every financial year but not later than the
last day of the month of August next following, the
Research Board shall submit
to the Government for approval a report on the conduct of its affairs for that
year.
(3) The
Chief Minister, Minister or Secretary may, at any time, require the Research
Board to promptly furnish to him:
(a)
any return, statement, estimate,
statistics or other information or report regarding any matter under the
control of the Research
Board; or
(b)
a copy of any document in the
charge of the Research Board.
(4) The
Research Board shall carry out every lawful instruction of the Government with
regards to its functions under this Act.
125.
Chairperson and non-official members etc. to be
public servants.− The Chairperson and non-official members of
the Research Board, fund manager and officers and staff of the fund, as well as
any member
of a committee constituted by the Board under section 121, shall be
deemed to be a public servant within the meanings of section
21 of the Pakistan
Penal Code 1860 (XLV of 1860).
PART XV
OF CANAL PATROLS
126.
Constitution of Canal Patrols.− (1) The Government shall constitute and
maintain adequately resourced Canal Patrols to undertake, among other things,
the following
duties, namely:
(a)
to protect dams, head works, weirs,
embankments, canal, drains and other irrigation works and properties and hedges
and trees growing
thereon;
(b)
to prevent and investigate offences
under this Act;
(c)
to generally assist the Canal
Officers, other officers and staff in performance of their duties under this
Act; and
(d)
any other work assigned by the
Secretary.
(2) The
Canal Patrols shall consist of officers and other staff in such rank and in
such number as the Government may, from time to time,
fix.
(3) All
Canal Patrols in the Punjab shall be headed by a Director.
(4) The
Director, officers and staff of the Canal Patrols shall be appointed in such
manner and perform such duties and exercise such
powers as may be prescribed.
127.
Certificates required to exercise powers.− (1) On his appointment, every Patrol Officer
shall receive a certificate issued under the seal of
the Director, by virtue of which he shall be vested with the powers of under
this Act.
(2) Before
exercising any power under this Act in relation to entry, arrest or use of
force against any person, every Patrol Officer,
and in case two or more Patrol
Officers are exercising such power collectively, the senior most Patrol Officer
among them, shall
show the said certificate to that person, and also loudly
read out to him his name, rank, service number and reasons for the exercise
of
such power in brief.
(3) The
said certificate shall cease to have effect whenever the person named in it
ceases to be, for any reason, a part of the Canal
Patrols, and on his
suspension or ceasing to be such part, he shall forthwith surrender it to the
officer to whom he was subordinate
to.
128.
Superintendence and administration of Canal
Patrols.− (1) All officers and
staff of the Canal Patrols shall be subject to the superintendence and general
control of the Secretary.
(2) Subject to the provisions of subsection
(1), the administration of the Canal Patrols shall rest with the Director.
129.
Power to arrest without warrant.− A Patrol Officer of a rank
generally authorized by the Director for this purpose, may, without an order of
the Magistrate or without
a warrant, arrest:
(a)
any person who has, in his view,
been concerned in an offence under this Act punishable with imprisonment for a
term exceeding six
months, or against whom a reasonable suspicion exists of his
having been so concerned; or
(b)
any person found taking precautions
to conceal his presence within reasonable limits of a dam, lake, headwork,
embankment, canal,
drain or other irrigation work under circumstances which
afford reason to believe that he is taking such precautions with a view
to
damage it, or obstruct or otherwise interfere with its efficient working, or
any of its appertaining works or structures, or to
tear, uproot, cut down or
otherwise injure or remove, without proper permission or authority, any
machine, appliance, contrivance
or other apparatus fixed by the authority of a
Canal Officer or bushes, hedges and trees growing thereon.
130.
Power to stop and search without warrant.− Whenever any Patrol Officer of a
rank and description generally authorized by the Director for this purpose, has
reason to believe
that any offence punishable with imprisonment for a term
exceeding six months has been or is being committed and that a search warrant
cannot be obtained without affording the offender an opportunity of escaping or
of concealing evidence relating to that offence,
he may stop, detain and search
his person and belongings forthwith, and if he thinks it so proper, arrest any
person whom he has
reason to believe to have committed the offence.
131.
Procedure to be followed after arrest.− Any Patrol Officer making an arrest under this
Act shall, without unnecessary delay, make over the person so arrested:
(a)
to a police officer to be detained
at a police station; or
(b)
to another Patrol Officer of a rank
and description generally authorized by the Director for this purpose, to
detain him at a place
designated for such purpose by the Secretary.
132.
Power to register information on offences.− (1) Where any information on the commission of
an offence under this Act is reported to him, the
Patrol Officer of a rank and description generally authorized by the Director
for this purpose, shall enter the substance of that
information in a book to be
kept in such form as may be prescribed the Director.
(2) Where
such information is received orally, the said Patrol Officer shall have it
reduced to writing and read over to the person making
it.
(3) All
information whether received in writing or reduced to writing under subsection
(2) shall be signed or, as the case may be, thumb
marked by the person making
it.
(4) An
information entered in the said book under this section shall be deemed to be
an information entered under section 154 of the Code
of Criminal Procedure,
1898 (V of 1898).
133.
Investigation of offences.− Any Patrol Officer
of a rank and description generally authorized by the Director for this
purpose, may investigate any offence under this Act within the limits of
the area placed under his charge.
134.
Provisions of the Code to apply on arrests etc.
under this Act.− The provisions of the Code of
Criminal Procedure, 1898 (V of 1898) in relation to arrest of person, search of
persons and premises,
and investigation of offences shall, in so far as may be,
apply to an arrest, search or investigation made under this Act.
135.
Conferment of additional powers of a police
officer upon Canal Patrols.− The Government may confer all or any other powers of a police
officer, not being the powers mentioned in this Part, upon any Patrol
Officer
specifically or to Patrol Officers of a particular rank and description
generally.
PART XVI
OF FINANCIALS AND PROPERTIES
136.
Rate for the use of canal and percolated water.− (1) The Government may, through a notification
published in the official gazette, fix:
(a)
a rate to be levied on any water
supplied, made available or used from a river, canal, drain or other irrigation
work to be called
the water rate; and
(b)
a rate to be levied on the use of
any water becoming available by way of percolation or leakage from a river,
canal, drain or other
irrigation work by means such as sinking of a well in its
reasonable vicinity, to be called the percolation rate.
(2) Different
water rate and percolation rate may be levied on the water supplied, made
available or used having regards to one or more
of the following aspects,
namely:
(a)
the usual cost of maintenance and
operation of the canal from which the water is used or applied or, as the case
may be, the usual
cost of maintenance and operation of the canal, drain or
other irrigation work from which the water has become available by way of
percolation or leakage;
(b)
the purpose for which the water is
supplied, made available or used in terms of section 49;
(c)
the crop grown or which may be
grown on the land irrigated by the water supplied, made available or used;
(d)
the size or area of the land
irrigated by the water supplied, made available or used; and
(e)
the volume of the water supplied,
made available or used and its timeliness in view of the purpose for which its
supply was allowed.
(3) Any
sum due as water rate or percolation rate shall be paid by:
(a)
the person permitted to obtain,
receive, use or apply canal, river or percolation water under section 53, 54 or
76; or as the case
may be
(b)
the occupier of land, facility,
plant, pond or other thing, for the irrigation or other benefit of which such
use or application of
water was permitted.
(4) Where
considered expedient, the Government may require that the provisions of the
notification shall have effect retrospectively from
any date falling no earlier
than the date on which the water has been so supplied, made available or used or
the rate has otherwise
become leviable under this Act.
137.
Rate on lands benefiting from a reclamation
work.− (1) The Government may, by notification in the
official Gazette, fix an annual rate to be levied on all lands benefited from a
drain
or other reclamation work, to be called the reclamation rate.
(2) Reclamation
rate shall be paid by the owner or occupier of land benefiting from the drain
or other reclamation work.
138.
Charges for discharging matter into a drain.− (1) The Government may, through a notification
published in the official gazette, fix an annual charge to be levied for the
discharge
of any matter into a drain, to be called the drainage charge.
(2) Different
drainage charges for the discharge of matter in a drain may be levied having
regards to one or more of the following aspects,
namely:
(a)
usual cost of maintenance and
operation of the drain;
(b)
the volume of the matter
discharged; and
(c)
the nature and quality of the
matter discharged with higher rates charged in respect of the matter which is likely
to cause a higher
adverse impact on the quality of the water present in the
drain at the point of its discharge.
(3) The
drainage charge shall be paid by the person obtaining permission for such
discharge under section 62.
139.
Assessment of annual rates and charges.− (1) Each year, by the first working day of the
month of April and October or by such other day as may be fixed by the
Secretary,
every Canal Collector authorized in this behalf by him, shall
prepare an assessment of the water rate, percolation rate, reclamation
rate and
drainage charge to be levied in respect of the water supplied, made available
or used from all canals, and lands benefitted
from and matter discharged into
all the drains in the Canal Division under his charge during the last preceding
crop season.
(2) The
said Canal Collector shall arrange for the copy of the assessment to be
available for inspection at his office during usual office
hours and also have
it sent to all the Lambardars in the Canal Division
for information of owners and occupiers of land in the respective revenue
estate, and to be conspicuously displayed
at:
(a)
a prominent place in the revenue
estate to which it pertains to;
(b)
in the office of the Divisional
Canal Officer as well as the Sub-Divisional Canal Officer in-charge of the
general area to which it
pertains; and
(c)
the office of the Collector.
(3) Any
person who considers that he is not liable to pay any rate or charge under this
Act but has been assessed as such, or that the
rate or the charge has been
assessed incorrectly, he may, within fifteen days of the receipt of the
assessment by the Lambardar or its display in the
above manner, make a representation to the Divisional Canal Officer.
(4) Every
such representation shall be decided in not more than fifteen days of its
receipt.
(5) By
the first working day of the month of May and November, or by such other day as
may be fixed by the Secretary, the Divisional Canal
Officer shall serve a
notice for payment of the assessed or, as the case may be, corrected water
rate, percolation rate, reclamation
rate and drainage charge by a date fixed in
that notice upon the persons liable for its payment for the last preceding crop
season.
140.
Special charges to apply on unauthorized use of
water and unauthorized discharge in drains.− (1) Whenever it appears to the Sub-Divisional
Canal Officer that:
(a)
water running in a river, canal or
a water course, or any water obtained from percolation or leakage from a river,
canal, drain or
other irrigation work is being used or applied without
obtaining a permission under section 53, 54 or 197; or
(b)
any matter is being discharged in a
drain without obtaining a permission under section 62 he may, after holding a
summary inquiry,
identify the person by whose act or neglect such use,
application or discharge has occurred, and through a written order, require
him
to pay a sum not exceeding ten times the sum due for such use, application or
discharge as water rate, percolation rate or, as
the case may be, drainage
charge, to be called the special charge, by a date fixed in that order.
(2) Where
even after reasonable effort, such person cannot be identified in the said
inquiry, the Sub-Divisional Canal Officer shall require
the person or all the
persons on whose land the water has flowed into or who have otherwise benefited
from such water, to pay the
special charge or, as the case may be, pay the
special charge jointly.
141.
Wastage charges for suffering the water to run
to waste.− (1) Whenever it appears to the Sub-Divisional
Canal Officer that water supplied through a canal or water course is suffered
to run
to waste, he may, after holding a summary inquiry, identify the person
by whose act or neglect such water is suffered to run to waste,
and through a
written order, require him to pay a sum not exceeding three times the sum due
for that water as water rate, to be called
the wastage charge, by a date fixed
in that order.
(2) Where
even after reasonable effort, such person cannot be identified in the said
inquiry, the Sub-Divisional Canal Officer shall require
the person or all the
persons chargeable in respect of the water suffered to run to waste, to pay the
wastage charge or, as the case
may be, pay the wastage charge jointly.
142.
Contributions for betterment of irrigation
works.− (1) The Government may, through a notification
published in the official gazette, fix a charge on all owners of lands
benefitted
from the construction, expansion, improvement or alteration of any
embankment, canal, drain or other irrigation work, in accordance
with the size
of their holdings, to recover all or any part of the expenses incurred by it on
such construction, expansion, improvement
or alteration, which shall be called
the betterment contribution.
(2) Nothing
in this section shall preclude fixing of different per acre rates at which
betterment contribution shall be charged from owners
of lands benefitted by the
same work in view of:
(a)
the distinct nature of a benefitted
land;
(b)
the size of benefitted land held by
an owner, with advantage given to owners with smaller holdings; and
(c)
the extent of benefits derived by a
land from the work as compared to other lands of similar nature.
(3) No
betterment contribution shall be charged against a land:
(a)
no earlier than one year from the
date that land is benefited; or
(b)
which is unculturable.
(4) The
betterment contribution shall be payable in instalments at such intervals as
may be fixed in the said notification.
(5) Any
owner who pays the betterment contribution in full within a period of two years
of it becoming due, shall receive such rebate
as may be fixed in the said notification.
Explanation 1: A land shall be
deemed to be benefited notwithstanding that the benefit is not enjoyed,
provided such non-enjoyment is due solely
to the action or inaction on the part
of the person or persons interested in such land.
Explanation 2: A land shall not
be deemed to be benefited merely by reason of carrying out usual repairs and
maintenance works of an irrigation work
wholly or partly at the expense of the
Government.
143.
Transfer of certain lands benefiting from an
irrigation work to be subject to payment of windfall charge.− (1) The Government may, through a notification
published in the official gazette, fix a charge in an amount not exceeding two
per
centum of the consideration which shall be paid on transfer by sale, mortgage or gift of any land which is benefitted or
is likely to benefit from the construction, expansion, improvement or
alteration of any embankment, canal, drain or other irrigation work, to be
called
the windfall charge.
(2) No
windfall charge shall be levied where:
(a)
the average value of befitted land
in a revenue estate has risen by less than fifteen per centum after the
construction, expansion,
improvement or alteration of any embankment, canal,
drain or other irrigation work; or
(b)
the average value of lands in a
revenue estate expected to benefit from a planned construction, expansion,
improvement or alteration
of an embankment, canal, drain or other irrigation
work has risen by not less than ten per centum after the relevant plans having
become public.
144.
Toll on lines of navigation and means of
crossing rivers etc.− (1)
Every vessel entering or passing along a navigation line shall pay such toll as
may be fixed by the Government through a notification
published in the official
gazette.
(2) In
the like manner, the Government may, through a notification published in the
official gazette, fix a toll for the use of any mean
of crossing over, under or
through a river, canal or drain and the use of any road owned or controlled by
the department.
145.
Lease of certain properties.− (1) Any property or land which is owned by or
transferred to a Canal Officer or the department, or any state land or other
land owned
by the Government which is under occupation or control of a Canal
Officer or the department for the purpose of this Act on the date
of its
commencement and is not immediately required for any operational purpose, or
becomes available for cultivation or other use
for a short period seasonally,
may be let out for such period and on such terms and conditions and in such
manner as may be approved
by the Government.
(2) Where
a person neglects or refuses to pay any sum due against him as rent or penalty
for any delay in the payment of such rent even
after lapse of three months from
the date it became due, such sum shall be recovered from him as an arrear of
land revenue.
146.
Irrigation betterment fund.− (1) There shall be a fund to be called the
Irrigation Betterment Fund, which shall vest in the Board for the purposes of
this Act.
(2) There
shall be credited to the said fund:
(a)
all sums received by way of
betterment and windfall charges, rents from lease of properties and permits
under this Act;
(b)
all sums received by way of tolls,
penalties and fines imposed or by way of compounding of offences under this
Act;
(c)
such part of sums received by way
of water rate, percolation rate, reclamation charges, special charges under
this Act as the Government
may earmark for credit to this fund;
(d)
any sums transferred by the
Government for the purpose of this Act, or any gift, grant or contribution by
any other person or organization;
(e)
all sums received by way of
interest and profit accruing from any investment of monies of the said fund;
(f)
all loans raised by the Board for
the purpose of this Act with the prior permission of the Government; and
(g)
all proceeds from such other
sources of income as the Government may, from time to time, direct to be
credited to this fund.
(3) All
moneys at the credit of the said fund shall be kept in such custody as may be
prescribed under the rules.
(4) The
said fund shall be administered by a suitably trained and experienced fund
manager under the supervision and control of the Board.
147.
Board for administration of irrigation
betterment fund.− (1) There shall be a Board to administer
irrigation betterment fund for the purposes of this Act, which shall consist of
the following
five members, namely:
(a)
the Minister, who shall also be the
Chairperson of the Board;
(b)
the Secretary;
(c)
the Secretary in-charge of the
Finance Department;
(d)
a leading academician in any
discipline relating to finance, economics, banking and investment or any other
person with a considerable
practice in the said areas and a repute for
integrity and professionalism; and
(e)
an accomplished and well-educated
farmer with a repute for integrity and an illustrated career in progressive
farming practices.
(2) The
members mentioned at clause (d) and (e) above, shall be:
(a)
non-official members of the Board;
(b)
appointed by the Chief Minister for
a term of two years on the recommendation of the Secretary; and
(c)
eligible for re-employment for a
second term in the like manner.
(3) After
affording him an opportunity to show cause as to why he shall not be so
removed, the Chief Minister may remove any non-official
member before the
expiry of his term of office on the ground of misconduct or inefficiency or
both.
(4) The
Board shall be a body corporate with perpetual succession and a common seal,
with power to enter into contracts and acquire and
hold property, movable and
immovable, and shall in its corporate name, sue and be sued.
(5) All
properties, funds, assets and liabilities, officers and staff of the fund shall
vest in the Board.
148.
Meetings and procedure of the Board.− (1) The Board shall meet at such time and at
such places, and in such manner as it may fix for this purpose.
(2) The
quorum for a meeting of the Board shall be three members provided that one of
such members is the Chairperson.
(3) All
decisions of the Board shall be made by majority of votes of the members
present and voting.
(4) Every
member of the Board shall have one vote, provided that the Chairperson shall
not vote on any matter except for breaking a tie.
149.
General powers of the Board.− (1) Subject to the rules, the Board shall have
powers to oversee and administer irrigation
betterment fund, particularly in respect of the following matters:
(a)
acquisition and disposal of
property and generally to enter into contracts for the purposes of this Act;
(b)
fixing remuneration of its members;
(c)
recruitment and determination
of terms and conditions of the service of fund manager, other officers and
staff of the fund;
(d)
to acquire, with the previous
sanction of the Government, loans for the purpose of this Act;
(e)
to apply monies from the fund in
terms of section 150;
(f)
setting up of committees required
for carrying out the purposes of this Act;
(g)
delegation of any of its powers to
the Chairperson, fund manager or any other officer of the fund; and
(h)
to frame, subject to approval of
the Government, instructions for the conduct of the business of the Board.
(2) The
Board may delegate all or any of its powers to the Chairperson, fund manager or
any other officer of the fund.
150.
Application of irrigation betterment fund.− (1) The moneys credited to the irrigation
betterment fund shall not be applied for any purpose other than:
(a)
construction, expansion,
improvement or alteration of an embankment, canal, drain or other irrigation
work;
(b)
carrying out of works in relation
to usual maintenance, repair or renewing of an embankment, canal, drain or
other irrigation work;
(c)
retirement of a loan acquired and
spent by the Board or the Government on the construction, expansion,
improvement or alteration of
an embankment, canal, drain or other irrigation
work;
(d)
investment for profitable purposes;
and
(e)
payment of salaries and other
remunerations of the members, fund manager and other officers and staff of the
fund.
(2) No
money credited to the irrigation betterment fund shall be applied for the
construction, expansion, improvement or alteration of
an embankment, canal,
drain or other irrigation work unless:
(a)
five or more owners of the land
likely to be benefitted from it make a written application to the Board for the
money to be so applied
giving an assurance that they along with the majority of
owners of land likely to benefit from it are willing to defray to the Board
not
less than half of the said money; and
(b)
after due public notice in the
respective revenue estates, majority of the owners of land likely to be
benefitted as such record their
willingness to defray to the Board, severally
and jointly, half or such higher portion of the money so applied and in such instalments and manner as may be agreed with the
Board.
(3) Where
a person neglects or refuses to pay any sum due against him under this section
even after expiry of three months from the date
fixed for its payment, such sum
shall be recovered from him as an arrear of land revenue.
151.
Accounts keeping and audit of irrigation
betterment fund.− (1) The Board shall
maintain complete, accurate and updated books of accounts in such form as may
be prescribed.
(2) The
accounts of the Board of shall be shall be audited in
such manner as may be prescribed.
(3) Copies
of every audit report shall be sent to the Board and, as soon as may be, by the
Board to the Government after adding their
comments on it.
(4) The
Board shall carry out any instruction of the Government for rectification of
any objection raised in such audit report.
152.
Superintendence of the Board.− (1) The Board shall
remain under general superintendence of the Government.
(2) As
soon as may be after the close of every financial year but not later than the
last day of the month of August next following, the
Board shall submit to the
Government for approval a report on the conduct of its affairs for that year.
(3) The
Chief Minister, Minister or Secretary may, at any time, require the Board to
furnish to him:
(a)
any return, statement, estimate,
statistics or other information or report regarding any matter under the
control of the Board; or
(b)
a copy of any document in the
charge of the Board.
(4) The
Board shall carry out every lawful instruction of the Government with regards
to its functions under this Act.
153.
Chairperson and non-official members etc. to be
public servants.− The Chairperson and non-official members of
the Board, fund manager and officers and staff of the fund, as well as any
member of
a committee constituted by the Board under section 149, shall be
deemed to be a public servant within the meanings of section 21
of the Pakistan
Penal Code 1860 (XLV of 1860).
154.
Suspension or remission of sums due in certain
cases of hardship.− (1) An owner or, as the case may be, occupier
of a land subject to any rate, charge, contribution, penalty or any other due
under
this Act may apply to the Divisional Canal Officer to seek suspension of
the recovery of such rate, charge, contribution, penalty
or other due in whole
or part for a certain period of time or to seek its remission in whole or part
on any of the following grounds,
namely:
(a)
the land owned or occupied by him
has not borne a crop, or a crop grown on it has been lost, wholly or partly,
due to interruption
or reduction in the water supplied to him from a canal for
any reason other than the reasons mentioned at section 59, or due to a
heavy
rain, hailstorm, flood, drought, pest attack or any other act of nature, or any
other event which is not attributable to him;
(b)
the land owned or occupied by him
has been eroded by a river or has become unculturable for any other reason.
(2) In
the like manner, a person who has been allowed to use or apply water from a
canal for any purpose other than the irrigation of
land, or raising of
orchards, trees and forest or other similar purpose, may apply to the
Divisional Canal Officer to seek suspension
or remission of the whole or a part
of any rate, charge, contribution, penalty or other due payable by him on
account of supply or
application of such water under this Act, if the water
supplied to him was interrupted or reduced for any reason other than those
mentioned at section 59.
(3) Where,
after holding an inquiry into the matters set out in the application, it
appears reasonable to the Divisional Canal Officer,
he may recommend, that
recovery of a part or whole of such rate, charge, contribution, penalty or
other due may be suspended for
a certain period of time or remitted, and in
case the land has become unculturable permanently, the land may be removed from
the
inventory of lands chargeable with such rate, charge, contribution, penalty
or other due.
(4) Where
the owner or occupier of land or other irrigator is aggrieved by the said
decision of the Divisional Canal Officer, he may,
within the next thirty days,
make a representation before the Collector.
(5) The
said recommendation of the Divisional Canal Officer and, as the case may be, of
the Collector shall be submitted to the Secretary
and:
(a)
where the sums to be suspended or
remitted are within such limits as are fixed under the relevant rules, he may,
if he considers it
so expedient, suspend or remit such sums; and
(b)
in other cases, submit the
recommendation for approval of the Government and direct that such sums shall
not be collected till such
decision.
155.
Penalty for late payments.− Any rate, charge, fee, contribution, toll,
rent, penalty or other sum which is not paid at the expiry of three months
after its having
become due, shall stand increased by three per centum and
increased further at the rate of three per centum annually, or such other
higher rate as the Government may, from time to time, fix through a
notification published in the official gazette.
156.
Payment of rates etc. and recovery of
outstanding sums.− (1) Any sum due against a person as rate,
charge, fee, contribution, toll, rent, penalty or other charge under this Act,
may be paid
by him, either:
(a)
directly in the manner specified by
the Government;
(b)
through an officer authorized by
the Secretary to receive such rate, charge, fee, contribution, toll, rent,
penalty or other charge;
(c)
through a contractor engaged in
terms of section 157; or
(d)
through the Lambardar
or any other person engaged by the Collector to collect land revenue or any
other rate in the respective estate.
(2) An
additional fee at such rate as may be fixed by the Government through a
notification published in the official gazette, called
the collection charges,
shall be paid to the such contractor, Lambardar or,
as the case may be, the person engaged by the Collector to collect land revenue
or any other rate in the respective estate, by
the person opting to pay through
them.
(3) Where
a person neglects or refuses to pay any sum due against him as a rate, charge,
contribution or penalty in full by the date fixed
for its payment such sum
shall be recovered from him as an arrear of land revenue.
(4) Without
any prejudice to the provisions of subsection (3), where the sum due relates to
water rate or special charge, the Divisional
Canal Officer may as well, through
a notice require the person to show cause on a day falling no earlier than
fifteen days from the
date of the notice as to why his turn for obtaining canal
water shall not be removed from the village irrigation schedule or permission
given to him for the obtain canal water under section 53 shall not be
withdrawn, and if no objection is received by such day, or
the objections
received are invalid or insufficient, the Divisional Canal Officer may remove
his turn or withdraw the permission
and his turn shall not be included in the
village irrigation schedule or the permission to use canal water shall not be
restored
as long as he does not pay the sum due in full.
157.
Power to contract out collection of rates etc.− (1) Subject to the provision of any Standing
Instruction, a Divisional Canal Officer may contract any person for collection
and payment
to the Government or the respective fund, any rate, charge, toll,
fee, contribution or penalty under this Act.
(2) When
such contract has been made, the contractor may recover such rate, charge,
toll, contribution or penalty due against any person
under this Act, and
wherever so required by a suit as though it were a debt due to him, or an
arrear of rent due to him on account
of the land, work, building vehicle,
carriage, cart or vessel in respect of which such sum is payable, or for or in
which the canal
water shall have been supplied or used.
(3) Where
such contractor neglects or refuses to pay to the Government or the fund in
full any sum collected by him under this section
after expiry of three months
from the date fixed for such payment, such sum shall be recovered from him as
an arrear of land revenue.
PART XVII
OF TRANSPARENCY AND FAIR PLAY
158.
General rules of conduct of Canal Officers etc.− (1) Every Canal Officer, Patrol Officer, other
officer and staff as well as any other person appointed or assigned any duty or
vested
with any power under this Act, shall while performing such duty or
exercising such power:
(a)
act honestly and in a fair and
transparent manner;
(b)
take due care and diligence; and
(c)
not put his office or information
acquired by him because of his being in such office to any improper use or to
gain or attempt to
gain, directly or indirectly, an advantage for himself or
for any other person; or cause or attempt to cause, any detriment to the
Government.
(2) Any
officer, staff or other person who knowingly acts in contravention of the above
provisions shall be guilty of misconduct within
the meanings of section 2 of
the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII
of 2006).
159.
Conflict of interest and related duties.− (1) Every Canal Officer, Patrol Officer, other
officer and staff, as well as any other person appointed or assigned any duty
or vested
with any power under this Act shall be deemed to have a conflict of
interest in respect of a contract, proposed contract or any other
matter to be
discussed or decided by him, if:
(a)
in relation to that contract,
proposed contract or any other matter, he himself or any of his immediate
relatives, would receive or
have a reasonable expectation of receiving, or
suffer or have a reasonable expectation of suffering, a direct or indirect
pecuniary
or some other benefit, share or interest or, as the case may be, loss
or other detriment;
(b)
he has professionally acted in
relation to that contract, proposed contract or any other matter on behalf of
any person having therein
such share or interest as aforesaid; or
(c)
he is of the opinion or could be
reasonably perceived to have such opinion that the nature of his interest in
the contract, proposed
contract or other matter is such that it may conflict
with the proper performance of his duties in respect of that contract, proposed
contract or other matter.
(2) Every
officer, staff and other person appointed or assigned any duty or vested with
any power under this Act shall not consider or
decide any contract, proposed
contract or other matter in respect of which he has a conflict of interest as
aforesaid or participate
in any such consideration or decision, and must
immediately disclose the nature of such conflict of interest to the officer to
whom
he is subordinate to.
(3) Any
officer, staff or other person who knowingly acts in contravention of the above
provisions shall be guilty of misconduct within
the meanings of section 2 of
the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII
of 2006).
160.
Register of interests.− (1) The Secretary shall cause to be maintained
a register of interests in such form and manner as may be prescribed.
(2) It
shall be duty of every Canal Officer, Patrol Officer, other officer and staff
and any other person appointed or assigned any duty
or vested with any power
under this Act who has a conflict of interest within the meanings of section
159 to submit returns on his
interests for making entries in the said register
at such intervals and in such form and manner as may be prescribed.
(3) The
Secretary shall arrange for the register of interests to be available for
inspection at his office during usual office hours at
reasonable notice.
161.
Code of Conduct for officers and other persons.− (1) The Government shall prescribe a Code of
Conduct for Canal Officers, Patrol Officers, other officers and staff as well
as all
other persons appointed or assigned any duty or vested with any power
under this Act.
(2) Every
Canal Officer, Patrol Officer and other officer as well as every other person
appointed or assigned any duty or vested with
any power under this Act shall
arrange for a copy of such Code of Conduct to be available for inspection at
his office during usual
office hours at reasonable notice.
(3) Any
officer, staff or other person who knowingly acts in contravention of such Code
of Conduct shall be guilty of misconduct within
the meanings of section 2 of
the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII
of 2006).
PART XVIII
OF OFFENCES AND PUNISHMENTS
162.
Punishment for interfering with or causing
minor damage to an irrigation work.− Whoever
without proper permission or authority:
(a)
destroys, defaces or removes any
land mark, level mark or water gauge fixed by the authority of a Canal Officer;
(b)
passes, or causes an animal,
vehicle, carriage or cart to pass on or across any dam, embankment or banks or
channel of a canal or
other irrigation work contrary to the provisions of a
Standing Instruction after he has been directed to desist therefrom;
(c)
causes or knowingly and willfully permits cattle to graze upon any dam, embankment,
canal or other irrigation work, or tethers or causes, or knowingly and willfully permits cattle to be tethered as such, or roots
up any grass or other vegetation growing on any such dam, embankment, canal or
other
irrigation work, or removes, cuts or in any way injures or causes to be
removed, cut, or otherwise injured any grass or hedge intended
for the
protection of such dam, embankment, canal or other irrigation work;
(d)
eases oneself on the banks, or in a
dam, headworks or the channel of a canal or river;
(e)
damages, alters or obliterates
boundaries of areas in which irrigation from a canal is authorized by a Canal
Officer; and
(f)
being responsible for the
maintenance of a water course, neglects or refuses to take proper precautions
for the prevention of waste
of the water thereof,
shall on conviction, be punished for each of
such offence with fine which may extend to five thousand rupees or with
imprisonment
for a term which may extend to thirty days or with both, and in
the case of a continuing offence, with an additional fine which may
extend to
five hundred rupees for every day during which such offence continues after
conviction for the first of such offence.
163.
Punishment for endangering the safety of an
irrigation work.− Whoever without proper permission or
authority:
(a)
damages, alters, enlarges or
obstructs any canal, drain or other irrigation work;
(b)
alters, obstructs or diverts the
flow of a river or excavates the banks of a river;
(c)
obstructs, alters or interferes
with, or increases or diminishes the supply of water in or the flow of water
from a canal or drain,
or by any means raises or lowers the level of the water
in a canal, drain or other irrigation work;
(d)
pierces or cuts through or attempts
to pierce or cut through, or otherwise to damage, destroy or endanger the
stability of an embankment,
canal, drain or other irrigation work;
(e)
opens, or attempts to open, any
sluice, outlet or orifice in a canal or drain;
(f)
neglects or refuses to remove any
such alteration, enlargement, obstruction, interference, danger, sluice, outlet
or orifice, or to
make good and restore any such piercing, cut or damage when
required by a Canal Officer to do so;
(g)
neglects or refuses to remove any
obstruction or interreference to a river or its active flood plain when
required to do so under
section 77;
(h)
neglects or refuses to remove or
suitably alter or modify a private embankment when required to do so under
section 83; and
(i)
up roots, cuts down, or in any other
way injures or causes to be removed, any bush or tree, growing on a dam,
embankment, canal, drain
or other irrigation work,
shall on conviction, be punished for each of
such offence with fine which may extend to one hundred thousand rupees or with
imprisonment
for a term which may extend to three years or with both, and in
the case of a continuing offence, with an additional fine which may
extend to
five thousand rupees for every day during which such offence continues after
conviction for the first of such offence.
164.
Punishment for endangering safety of a dam or
embankment.− Whoever without proper permission or authority
pierces or cuts through or attempts to pierce or cut through, or otherwise
injures,
damages, destroys or endangers the stability of:
(a)
any listed dam; or
(b)
any embankment while it is holding
water at such level that its escape is likely to inundate a large area,
shall on conviction, be punished with fine
which may extend to five hundred thousand rupees or with imprisonment for a
term which
may extend to seven years or with both.
165.
Punishment for polluting or fouling water.− Whoever pollutes or fouls the water of any
river, canal, drain or source of ground water so as to render it less fit for
the purpose
for which it is ordinarily used, shall on conviction, be punished
with fine which may extend to fifty thousand rupees or with imprisonment
for a
term which may extend to six months or with both, and in the case of a
continuing offence, with an additional fine which may
extend to one thousand rupees
for every day during which such offence continues after conviction for the
first of such offence.
166.
Punishment for unauthorized use, or interfering
with any authorized use of water.−
Whoever:
(a)
uses water of a river, canal or
drain without having first obtained a permission under this Act, or in
contravention of any provision
of such permission, or otherwise in an
unauthorized manner;
(b)
without proper permission or
authority destroys, tampers with, or removes, any sluice, regulator, gate,
outlet or other apparatus,
or part of such sluice, regulator, gate, outlet or
apparatus, used for controlling or regulating the flow of water in any river,
canal or drain;
(c)
sells, sub-lets or otherwise
transfers canal water to any other person without having obtained a permission
under section 56 or in
contravention of any provision of such permission;
(d)
without proper permission or
authority demolishes, tampers with, or obstructs a water course constructed
under an approved village
irrigation plan, or a field drain constructed in
terms of section 64;
(e)
being responsible for the
maintenance of a water course, or a field drain neglects or refuses to take
proper precautions for the prevention
of waste of water thereof, or prevents or
interferes with the lawful use of such water course or field drain by any
person authorized
to use it or declared to be the joint owner thereof;
(f)
without proper permission or
authority obstructs field to field irrigation from any canal; or
(g)
on being required to do so by a
Canal Officer authorized in this behalf, fails to close a water course or a
field drain constructed
without having first obtained a permission under this
Act,
shall on conviction, be punished for each of
such offence with fine which may extend to fifteen thousand rupees or with imprisonment
for a term which may extend to one year or with both, and in the case of a
continuing offence, with an additional fine which may
extend to one thousand
rupees for every day during which such offence continues after conviction for
the first of such offence.
167.
Punishment for constructing a private canal or
a private drain without prior permission.− Whoever constructs or runs a private canal or
a private drain without having obtained an approval under section 24, shall on
conviction,
be punished with fine which may extend to five hundred thousand
rupees or with imprisonment for a term which may extend to three
years or with
both, and in the case of a continuing offence, with an additional fine which
may extend to ten thousand rupee for every
day during which such offence
continues after conviction for the first of such offence.
168.
Punishment for failure to provide assistance or
to comply with lawful instructions of a Canal Officer.− Whoever, without reasonable cause or
authority:
(a)
neglects or refuses to allow entry
upon any land, building, installation or facility or to take into possession
and lift and use earth
and other materials, or to dig or bore into it, or to
set up and maintain land-marks and water gauges, or to inspect, measure or
regulate the use of water, or to cut down and clear away any part or whole of a
building, fence, standing crop or a tree under section
11;
(b)
neglects or refuses to assist or to
continue to assist in the execution of any repair, clearance or work, when
lawfully called upon
to do so under section 193;
(c)
neglects or refuses to provide
reasonable assistance to a Canal Officer in the discharge of his duties
whenever called upon to do
so under section 196; or
(d)
when instructed by a Canal Officer
to abstain from a certain act or other thing, or to do or undertake a certain
act or other thing,
which he is required to abstain from or to undertake or do
under this Act, neglects or refuses to comply with such instruction without
reasonable cause,
shall on conviction, be punished
for each of such offence with fine which may extend to ten thousand rupees or
with imprisonment for
a term which may extend to thirty days or with both, and
in the case of a continuing offence, with an additional fine which may extend
to one thousand rupees for every day during which such offence continues after
conviction for the first of such offence.
169.
Punishment for failure to comply with
instruction of the unit to undertake a work for safety of a listed dam or
embankment.− Notwithstanding the provisions of section 166,
where upon being instructed by the unit to undertake any work or to do any
other thing
in relation to the safety of a listed dam or embankment, the owner
of the listed dam or embankment neglects or refuses to undertake
such work or
do other thing, he shall on conviction, be punished with fine which may extend
to one hundred thousand rupees or with
imprisonment for a term which may extend
to two years or with both, and in the case of a continuing offence, with an
additional fine
which may extend to three thousand rupee for every day during
which such offence continues after conviction for the first of such
offence.
170.
Punishment for obstructing or threatening a
Canal Officer or other officer in the exercise of his powers or performance of
his duties.− (1) Whoever obstructs or hinders any Canal
Officer, Canal Patrol or other officer or staff, any workman, servant or other
person
acting in the lawful exercise of any power vested in him or any duty
imposed under this Act, shall on conviction, be punished with
fine which may
extend to twenty-five thousand rupees or with imprisonment of either
description for a term which may extend six months
or with both, and in the
case of a continuing offence, with an additional fine which may extend to five
thousand rupee for every
day during which such offence continues after
conviction for the first of such offence.
(2) Whoever
holds out any threat of injury to any Canal Officer, Canal Patrol or other
officer or staff, any workman, servant or other
person to induce him to do any
act or to forebear or delay to do any act in the lawful exercise of any power
vested in him or any
duty imposed under this Act, shall on conviction, be
punished with fine which may extend to fifty thousand rupees or with
imprisonment
for a term of either description which may extend to two years or
with both, and in the case of a continuing offence, with an additional
fine
which may extend to ten thousand rupee for every day during which such offence
continues after conviction for the first of such
offence.
171.
Punishment for violation of any other provision
of this Act or rules.− Whoever
voluntarily and without proper authority contravenes or fails to comply with:
(a)
any other provision of this Act in
respect of which no punishment has separately been provided under this Part; or
(b)
any provision of the rules made
under this Act which requires that a punishment may be incurred for its
contravention of failure to
comply with it,
shall on conviction, be punished with fine
which may extend to three thousand rupees or with imprisonment for a term which
may extend
to thirty days or with both, and in the case of a continuing
offence, with an additional fine which may extend to one five hundred
rupees
for every day during which such offence continues after conviction for the
first of such offence.
172.
Canal Officer or other person employed on canal
may take offenders and machines and apparatus into custody.− (1) Any Canal Officer, other officer or staff
appointed under this Act who is in-charge of or employed on an irrigation work,
may
remove from the lands, buildings or other works belonging thereto, or may
take into custody without a warrant, and take forthwith
to the nearest Canal
Patrol or officer in-charge of police station with a report as to the
circumstances of the arrest, any person,
who in his view:
(a)
is concerned in an offence under
section 163, 164, 165, 166 and 170; or
(b)
is taking precautions to conceal
his presence within reasonable limits of such irrigation work under
circumstances which afford reason
to believe that he is taking such precautions
with a view to damage it, or obstruct or otherwise interfere with its efficient
working,
or any of its appertaining works or structures, or to tear, uproot,
cut down or otherwise injure or remove, without proper permission
or authority,
any
machine, appliance, contrivance or
apparatus fixed by the authority of a Canal Officer or any bush, hedge and tree
growing thereon.
(2) In
the like manner, such officer or staff may seize and remove any machine,
appliance, contrivance, or any other apparatus whatsoever
concerned in such
offence.
(3) Such
officer or staff may, if such person forcibly resists or attempts to evade his
arrest or the seizure or removal of said machine,
appliance, contrivance or
apparatus, use reasonable force to effect the arrest or seizure.
(4) The
Canal Patrol or, as the case may be, officer in-charge of police station before
whom said person is taken to, shall re-arrest
him.
173.
Dealing with seized machines etc.− (1) Every machine, appliance, contrivance, or
other apparatus seized under section 172 shall be placed under the custody of
the Divisional
Canal Officer.
(2) After
expiry of thirty days from the date of such seizure, the owner of such machine,
appliance, contrivance, or other apparatus may
make an
written application to the Divisional Canal Officer along with a solemn
assurance that it will not be used in relation to any offence
under this Act,
and the Divisional Canal Officer may:
(a)
if he is satisfied with the
assurance, return the said machine, appliance, contrivance, or other apparatus
to the owner; and
(b)
if he is not so satisfied or is of
the view that it is being persistently used for an offence under this Act,
order that such machine,
appliance, contrivance, or other apparatus shall be
forfeited to the Government.
174.
Punishment for abetting or attempting to commit
an offence.− Whoever
abets any offence punishable under this Act, or attempts to commit any such
offence, shall be punished with punishment provided
in the Act for such
offence.
175.
Cognizance of offences, bails and proceedings
etc.− (1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (V of 1898) all offences under this Act shall
be bailable
except those mentioned under sections 163, 164, 165, 166, 167, 169
and 170 which shall be non-bailable.
(2) All
offences under this Act except those mentioned under section 163, 164 and 167
shall be tried summarily within the meanings of
section 260 of the Code of
Criminal Procedure, 1898 (V of 1898).
(3) No
court shall take cognizance of an offence under this Act except on a complaint
of a Canal Officer or any other officer so authorized
by the Secretary.
176.
Compounding of offences.− (1) After having obtained a permission from
the Superintending Canal Officer in this respect, the Divisional Canal Officer
may, either
before or after the institution of proceedings for any offence
punishable under this Act or the rules made thereunder, accept from
any person
charged with such offence by way of composition thereof a sum not less than
three quarters of the maximum fine prescribed
for that offence.
(2) On
payment of such sum, such person, if in custody, shall be set at liberty and,
if any proceedings in any court have been instituted
against him in respect of
the offence, the composition shall be deemed to amount to an acquittal and no
further criminal proceedings
shall be taken against him in respect of such
offence.
(3) Nothing
in the section shall apply in respect of:
(a)
any offence under sections 164, 167
and 170; and
(b)
any person who has repeatedly
concerned himself with the offence to which the matter of composition relates
to.
177.
Compensation to persons injured by an offence
and payment of awards to informants.− (1) Where any person is fined for an offence
under this Act, the court which imposes such fine, or which confirms in an
appeal or
revision a sentence of such fine, or a sentence of which such fine
forms a part, may, on the request of the Divisional Canal Officer,
direct that
any part of such fine may be paid:
(a)
by way of compensation to any
person injured by such offence;
(b)
by way of reward to the person who
brought the information of that offence to the notice of a Canal Officer.
(2) Before
making the said request, the Divisional Canal Officer shall obtain a written
approval of the Superintending Canal Officer.
178.
Of offences by bodies corporates.− (1) Where an offence under this Act is
committed by a body corporate, and it is proved that such offence has been
committed with
the consent or connivance of, or is attributable to any
negligence on the part of any director, partner, manager, secretary or other
officer of the body corporate, such director, partner, manager, secretary or
other officer, shall be deemed to be guilty of such
offence along with the body
corporate and shall be punished accordingly.
(2) Notwithstanding
anything contained in subsection (1), where the said body corporate is a
company within the meanings of the Companies
Ordinance, 1984 (XLVII of 1984),
only the Chief Executive as defined in the said Ordinance shall be liable under
this section.
Explanation.− For the purpose of this section, a
body corporate shall be deemed to include a company registered under the
Companies Ordinance, 1984 (XLVII of 1984) and a firm, association of persons
and a society registered under the Societies Registration Act, 1860 (XXI of
1860),
or under the Co-operative Societies Act, 1925 (VII of 1925).
179.
Saving of prosecution under any other law and
recovery of certain sums and charges.− (1) No provision of
this Part shall prevent any person from being prosecuted under any other law
for any offence punishable under this
Act, provided that no person shall be
punished twice for the same offence.
(2) In
the like manner, no provision of this Part shall prevent:
(a)
collection of any charge from a
person for unauthorized use or waste of water in addition to any penalty
incurred by him for such
use or waste under this Part; and
(b)
recovery of any sum from a person
as cost of removal of any obstruction to drainage under section 27 or of any
unauthorized interference
or work on a river under section 78; or of
restoration or repair of any water course under section 41 or 47; or of
preparation of
any record by the unit under section 71; or of enforcing any
instruction of the unit under section 73; or of taking measures in respect
of
any abandoned dam or other work under section 74; or of removal of any
embankment or obstruction under section 83; or of removal
or custody of any
work and related expenses under section 197 or 198; or of restoration or making
good of any demolished, damaged,
obstructed or altered irrigation work under
section 199; or any other sum due from him for similar reason under this Act,
in addition
to any penalty incurred by him for such act, work, demolition,
damage, obstruction, interference or alteration under this Part.
PART XIX
OF APPEALS AND REVISIONS
180.
Appeal against certain orders of Canal Officers.− (1) Unless otherwise provided in this Act:
(a)
an appeal against any decision of
the Sub-Divisional Canal Officer under section 41, 57,140 or 141 shall lie to
the Divisional Canal
Officer to whom he is sub-ordinate;
(b)
an appeal against any decision of
the Divisional Officer under section 35, 39, 42, 43, 45, 53, 54, 58, 62 or 64
shall lie to the Superintending
Canal Officer to whom he is sub-ordinate;
(c)
an appeal against any decision of
the Superintending Canal Officer under section 46, 56 or 65 shall lie to the
Review Board; and
(d)
an appeal against any decision
under any other provision of this Act shall lie to such Canal Officer or other
officer as may be prescribed
under the rules.
(2) Every
appeal shall be presented within thirty days of the date of receipt of the decision
by the appellant.
181.
Review Board and its constitution.− (1) There shall be a board to take and decide
any revision or appeal made against the decision of a Canal Officer under
section 180,
to be called the Review Board.
(2) The
Review Board shall consist of the following three
members, namely:
(a)
an officer who has retired in a
rank not less equivalent to that of a member of the Board of Revenue or that of
a Commissioner of
a Division, with an illustrated career and demonstrable
experience in the administration of the Punjab Land Revenue Act, 1967 (Act
XVII
of 1967) and similar other laws as well as a repute for integrity, fair play
and professionalism; and
(b)
two senior Canal Officers who have
retired in a rank not less than that of a Superintending Canal Officer with an
illustrated career
and demonstrable experience in matters relevant to this Act
as well as a repute for integrity, fair play and professionalism.
(3) The
said members shall be appointed by the Chief Minister for a non-extendable term
of three years on the recommendation of the Secretary.
(4) The
Review Board shall be headed by a Chairperson who shall be appointed by the
Secretary from amongst the members on rotation basis
for a term of one year.
(5) During
temporary absence of the Chairperson for any reason, the member next due for
appointment as Chairperson shall act as the Chairperson.
(6) A
member shall receive such remuneration and shall be subject to such terms and
conditions as may be fixed under the rules.
(7) After
affording him an opportunity to show cause as to why he shall not be so
removed, the Chief Minister may remove any member before
the expiry of his term
of office on the ground of misconduct or inefficiency or both.
182.
Sittings and decisions of the Review Board.− (1) The Review Board
shall sit at Lahore and such other places in the Punjab as the Secretary may
direct.
(2) For every sitting of the Review Board,
presence of the Chairperson and not less than one member shall be necessary.
(3) A
decision of the Review Board shall be expressed in terms of the opinion of the
majority, or if a case has been decided by the Chairperson
and only one of the
members and there is a difference of opinion between them, the decision of the
Review Board shall be expressed
in terms of the opinion of the Chairperson.
(4) The Review Board shall not, merely by
reason of a change in its composition, or the absence of any member from any
sitting, be bound
to recall and rehear any witness who was given evidence, and
may act on the evidence already recorded by, or produced, before it.
(5) No
act or proceeding of the Review Board shall be invalid by reason only of the
existence of vacancy in it, or defect in its constitution.
183.
Making of revisions and related authority of
the Review Board.− (1) A
revision against any decision of a Canal Officer in an appeal under section 180
shall lie to the Review Board.
(2) Every
revision shall be presented to the Review Board within sixty days of the date
of receipt of the decision.
(3) The
Review Board may call for any record pertaining to the decision and where it
appears to them that the Canal Officer has, while
passing the decision,
exercised a jurisdiction not vested in him under this Act, or has failed to
exercise a jurisdiction so vested,
or has acted in the exercise of his
jurisdiction illegally or with material irregularity, they may make such order
in the case as
they think fit.
184.
Correction of clerical and arithmetical errors.− A clerical or arithmetical mistake in any
decision passed by the Review Board or a Canal Officer under this Act arising
from any accidental
slip or omission may, at any time, be corrected by him
either on own motion or on the application of any interested or affected person.
185.
Examination of record of decisions etc. by
Secretary.− (1) The Secretary may, if he considers it so
expedient, call for any decision, order, or proceedings of any Canal Officer
under this
Act for satisfying himself as to the legality or propriety of such
decision or order and as to the regularity of the proceedings
of such Canal
Officer.
(2) Where
it appears to the Secretary that any decision, order or proceedings so called
for should be modified, annulled or reversed,
he may refer it to the Review
Board for decision as deemed fit after hearing every interested or affected
person.
PART XX
MISCELLANEOUS PROVISIONS
186.
Summoning of witnesses and documents etc.− (1) Every Canal Officer and the Review Board,
for the purpose of any inquiry or other proceedings under this Act, may
exercise all
or any of the powers connected with summoning and examination of
witnesses and the production of documents as are conferred on the
civil courts
by the Code of Civil Procedure, 1908 (V
of 1908).
(2) Every
such inquiry or other proceeding before a Canal Officer or the Review Board shall
be deemed to be a judicial proceeding within
the meaning of section 4 of the
Code of Criminal Procedure, 1898 (V of 1898) and provisions of sections 192,
193, 219 and 288 of
the Pakistan Penal Code, 1860 (XLV of 1860) shall apply to
it.
187.
Notices how served.− (1) Service of any notice under this Act shall
be made by delivering or tendering a copy thereof signed by the officer
mentioned
therein.
(2) Whenever
it may be practicable, the service of the notice shall be made on the person
therein named.
(3) When
such person cannot be found, service may be made on any adult member of his
family who is residing with him.
(4) If
no such adult member can be found or the service is refused, the notice may be
served by fixing a copy of it on the outer door
of the house and at any
conspicuous place in the revenue estate or the neighbourhood in which the
person ordinarily dwells or carries
on business; and
(5) If
such person has no ordinary place of residence or business within the district
in which the office of the officer issuing the notice
is located, a notice may
be served upon him by sending a copy of such notice by post in a registered
cover addressed to such person
at his usual place of residence and shall be
presumed to have been served at the time when the letter would be delivered in
the ordinary
course of post.
(6) If
the notice relates to a matter in which persons having interest are so numerous
that, in view of the officer issuing the notice,
personal service on all of
them is not reasonably practicable, it may be served by delivery of a copy
thereof to such of those persons
as the officer nominates in this behalf and by
proclamation of the contents thereof for the information of other persons
interested.
(7) A
notice may also be served by communicating its contents through e-mail, short
messaging service, voice message or any other suitable
electronic means that
are for the time being in common use in the Punjab and any evidence that such
communication has been received
and viewed at the last known e-mail address,
telephone number or other electronic identification of the person intended to
be served,
it shall be presumed to have been duly served upon him.
188.
Service of notice when a person cannot be
served in ordinary manner.− A person
who could not be served in the manner laid down in section 187 and whose
whereabout, e-mail address, telephone number or
other electronic identification
is not known, may be served by publishing a notice in an issue of a reputable
daily newspaper.
189.
Exclusion of jurisdiction of civil courts in
matters within the jurisdiction of Canal Officers.− (1) Except as
otherwise provided by this Act, no civil court shall have jurisdiction in any
matter which the Government, Minister, Secretary,
a Canal Officer, Review Board
or any other officer or person is empowered by this Act to decide, or to take
cognizance of or the
manner in which the Government, Minister, Secretary, Canal
Officer or any other officer or person exercises any power vested in it
or him
by or under this Act.
(2) Except
as otherwise provided by this Act, no proceeding shall lie before any civil
court at the instance of any party to or person
interested in a matter which
is, or has been, or might or ought to have been a proper subject to be brought before
and decided by
the Government, Minister, Secretary, a Canal Officer or other
person under this Act.
190.
Special procedure for acquisition of lands.− (1) Whenever any land is urgently required for
the carrying out of an irrigation work or for any other purpose under this Act,
a
Canal Officer, duly empowered by the Secretary in this behalf, may for the
purpose of such acquisition:
(a)
cause an inquiry to be made so as
to identify and set out the most suitable alignment or placement of the work;
(b)
mark out the land which, in his
opinion, will be necessary to occupy for the said work or purpose; and
(c)
publish a notification in every
affected revenue estate or in the neighbourhood of the work that so much of
such land as is situated
within such estate or neighbourhood has been so marked
out; and
(d)
send a copy of such notification to
the Collector of every district in which such land is situated for publication
on such land.
(2) On
receipt of such notification, the Collector shall promptly proceed to acquire
such land under the provisions of the Land Acquisition
Act, 1894 (I of 1894):
(a)
as if a declaration has been issued
by the Government under section 6 of that Act; and
(b)
as if the Commissioner had
thereupon directed the Collector to take order for the acquisition of such land
under section 7 of that
Act; and
(c)
as if the Commissioner has issued
orders for summary possession being taken under section 17 of that Act.
(3) On
being put into possession of the required land, the said Canal Officer shall
forthwith proceed with the carrying out of such work
or purpose.
191.
Local police and other authorities to assist
Canal Officers.− (1) For the purpose of this Act, any Canal
Officer may, when he deems it necessary to do so, seek assistance of a police
officer
or an officer of any other authority including those authorities
engaged in the supply of electricity, fire-fighting and rescue and
relief
services.
(2) On
receiving such request, every such police officer or the officer of the other
authority shall provide all reasonable assistance
to the Canal Officer for the
purpose of this Act.
192.
Certain works of urgent nature may be executed
without recourse to ordinary procurement procedures.− (1) Whenever it
appears to a Divisional Canal Officer that unless some work, repair or
clearance is immediately executed:
(a)
damage may occur to an irrigation
work, as to cause sudden and extensive public injury, loss or interruption of
established course
of irrigation or drainage;
(b)
water escaping from a dam,
headwork, weir, embankment, canal, drain or other irrigation work may not be
stopped or diverted as to
prevent loss of life, or a sudden and extensive
damage to crops, livestock and properties or an area in general; or
(c)
an obstruction or deposition of
material in a river, canal, drain or other irrigation work may interrupt the
established course of
irrigation or drainage in such a manner that it may cause
an extensive public injury or loss; and
labourers, equipment, stores and
other material for the proper execution of such work, repair or clearance
cannot be obtained in the
ordinary manner within the time that can be allowed
for its execution as to prevent such injury or loss, he may, with the written
permission of the Chief Engineer, by an order under his hand direct that the provisions
of this section shall apply to such work,
repair or clearance, and:
(a)
engage any suitably resourced
enlisted contractor to execute such work, repair or clearance immediately;
(b)
himself hire or otherwise engage
earth moving machines, motor vehicles, carts, carriages, boats and other
equipment or beasts of burden
and persons to labour thereat in required
numbers, and purchase and use earth, stone, tree, timber, underbrush or any
other material
or store in such quantity as is reasonably required for such work,
repair or clearance.
(2) Unless
otherwise directed by the Chief Engineer, only as much of the work, repair or
clearance shall be undertaken by a Divisional
Canal Officer by invoking the
provisions of this section which is reasonably required to avert the likelihood
of the aforesaid sudden
and extensive public injury or extensive damage to the
properties, or to restore the established course of irrigation or drainage
in
the area.
193.
Requisition of labour for carrying out urgent
works.− (1) Whenever, it
appears to the Divisional Canal Officer that labourers for the proper
execution of a work, repair or clearance to which provisions of section 192
have been applied cannot be obtained in the manner
provided therein within the
time that can be allowed for its execution as to prevent injury or loss, he may, by an order under his hand direct that the
provisions of this section shall also apply to such work, repair or clearance
and
thereupon every able-bodied person, who holds land or resides in the
general vicinity of such repair, clearance or work, shall if
required to do so
by such officer or by any person authorized by him in this behalf, labour at
such work, repair or clearance.
(2) All
persons so labouring shall be eligible to be paid at rates which shall not be
less than the usual rates for the time being paid
in the neighbourhood for
similar labour.
(3) In the case of every such labourer, the
payment shall continue for the whole period during which he is, in consequence
of the provisions
of this section, prevented from following his ordinary
occupation.
194.
Power to take into possession and use materials
in relation to works of urgent nature.− (1) Whenever it
appears to the Divisional Canal Officer equipment, stores, earth, stones
and other material required for the proper execution of a work, repair or
clearance to which provisions
of section 192 have been applied cannot be
obtained in the required quantities in the ordinary manner or in the manner
provided therein
within the time that can be allowed for its execution as to
prevent injury or loss, he may, by an order under his
hand, direct that the provisions of this section shall also apply to such work,
repair or clearance,
and:
(a)
enter upon any land or building in
the general vicinity of such work, repair or clearance, or stop any vehicle,
cart, carriage, boat
or beast of burden and take into possession the vehicle,
cart, carriage, boat or beast of burden or any equipment, store, earth,
stone,
tree, timber, underbrush or other material stored thereat or laden thereon, and
remove and use it for the work, repair or
clearing; and
(b)
cut down, remove and use any tree,
timber or underbrush growing over it, or excavate, remove and use earth, stones
or any other material
from any land situated in the general vicinity of such
work, repair or clearance.
(2) In
every such case, the Divisional Canal Officer shall prepare a complete and
accurate inventory of the equipment, stores, trees,
timber, underbrush, earth,
stone and other materials taken into possession which shall be paid for at a
price not less than their
usual price in the neighbourhood.
(3) Any
person who sustains a damage by any measure taken to give effect to the
provisions of this section shall be eligible to receive
reasonable compensation
and may make a claim before the Collector for this purpose.
(4) Every
claim received under this section shall be decided by the Collector in terms of
section 4 of the Land Acquisition Act, 1894
(I of 1894) and paid within one year from the day it falls due.
(5) No
such claim shall be admitted after the expiry of one year from the date of
occurrence of the damage complained of unless the Collector
is satisfied that
the claimant had sufficient cause for not making the claim within such period.
195.
Payments for urgently executed works to be a
sum due.− (1) All sums due as wage of a labourer, or rent
of an earth moving machine, motor vehicle, cart, carriage, boat and other
equipment
or beast of burden, or as cost of any store, earth, stone, tree,
timber, underbrush and other materials used in relation to a work,
repair or
clearance under section 192, 193 or 194, shall be a sum due on the Government
to:
(a)
the listed contractor carrying out
such work, repair or clearance;
(b)
the person who has laboured at such
work, repair or clearance;
(c)
the person who has provided such
motor vehicle, cart, carriage, boat or other equipment or beast of burden, or
the store, earth, stone,
tree, timber, underbrush and other materials for such
work, repair or clearance; or as the case may be; and
(d)
the person from whose custody such
store, equipment, earth, stone, tree, timber, underbrush and other material are
taken into possession
and used for such work, repair or clearance;
(2) Every
sum due as such shall be paid within three months of the day it falls due, and
an interest at such rate as may be fixed by the
Government shall be paid on any
sum which remains unpaid after the expiry of such period.
(3) Where
no money is available with the Divisional Canal Officer to pay any sum which is
due as such, he may, with the permission of
the Secretary, write to the
Treasury Officer of the district within the limits of which said work, repair
or clearance was undertaken
stating the circumstance of its urgency, and
thereupon the Treasury Officer shall pay such sum.
196.
Duty to assist Canal Officers when called upon
to do so.− (1) Every person when called upon to do so,
shall provide all reasonable assistance to a Canal Officer in relation to any
of the following
matters, namely:
(a)
prevention of any damage to an irrigation
work including in relation to the works to which provisions of sections 192,
193 or 194
have been applied;
(b)
prevention of unauthorized use of
canal water;
(c)
removal of any obstruction to a
river, canal, drain or other irrigation work;
(d)
prevention and repair of any damage
to an embankment, canal, drain or other irrigation work; and
(e)
provision of information on and
apprehension of persons concerned with an offence under this Act.
(2) Whoever,
without any reasonable cause, neglects or refuses to provide any assistance to
a Canal Officer when called upon to do so,
shall be guilty of an offence under
section 168.
197.
Permits required to carry out works on or to
use right of way of rivers, canals and drains etc.− (1) No one shall, without having first
obtained a permit from the Canal Officer duly authorized in this behalf under
the relevant
Standing Instruction:
(a)
construct, reconstruct, remove or
maintain any bridge, or lay, re-lay, remove or maintain any pipe, rope way,
line of poles or any
other mean that enables crossing of persons, goods,
vehicles, carts, carriages or other materials and things over, under or through
a river, canal or drain or other irrigation work;
(b)
undertake or maintain any work that
involves the use of channel, banks, or right of way of any canal, drain or
other irrigation work
in any manner other than the purpose for which these were
originally undertaken or are kept;
(c)
install any appliance, contrivance,
or apparatus, or carry out any work, or to do any other thing that causes
obstruction of or interference
to the flow of the river, lake, canal or drain,
or its bed or banks;
(d)
excavate and remove earth, stone or
any other material from a river or its active flood plain or the bed of a canal
or a drain or
otherwise from an irrigation work;
(e)
draw or extract water from a river
or its active flood plain;
(f)
use the water of any dam under the
charge of a Canal Officer or the surface of its reservoir for any purpose other
the purpose for
which it is originally held; and
(g)
use the force of running water in a
river in any form and for any purpose.
(2) All
permits issued under this section shall be subject to the payment of such fee
and such other terms and conditions as may be fixed
by the Government from time
to time.
(3) Where,
in view of the said Canal Officer, any such work, appliance, contrivance or
apparatus, or excavation or removal, or use of
force of running water for any
purpose, or drawing of water, or use of water standing in the reservoir of a
dam is, in any manner,
affecting the efficient operation of the dam, canal,
drain or other irrigation work, or their safety, or is likely to bring sever
harm to life and adjoining properties in general, or is causing hinderance in
the proper management of the river due to change in
its hydrology or other conditions,
he may direct the person who has obtained the permit to:
(a)
suitably alter or modify the work,
appliance, contrivance or apparatus, or the manner of carrying out excavation
and removal, drawing
or extraction of water, or use of standing water or the
force of running water; or
(b)
promptly take other measures as are
considered appropriate by the said Canal Officer in the interest of efficient
operations and safety
of the dam, canal, drain or other irrigation work, or to
prevent such harm, or for the proper management of the river.
(4) Where
a person, ignores or fails to comply with the above direction, or any term or
condition of the permit, the said Canal Officer
may by a notice require him to
show cause on a day falling no earlier than fifteen days from the date of such
notice as to why such
permit shall not be cancelled, and if no objection is
received by such day, or the objections received are invalid or insufficient,
may cancel the permit and require him to remove the work, appliance,
contrivance, apparatus, or discontinue excavation or removal,
or drawing or
abstraction of water, or the use of the lake or the force of running water, by
a specified date.
(5) If
that person fails to remove the work, appliance, contrivance or apparatus, or
to stop the excavation or removal, drawing or extraction
of water, or the use
of standing water or the force of running water to the satisfaction of the said
Canal Officer by the specified
date, he may cause it to be removed or stopped
at his expense and all sums incurred shall be a sum due by the person to the
said
Canal Officer, and if he does not, when called upon, make full payment,
such expenses shall be recovered from him as an arrear of
land revenue.
(6) Nothing
in this section shall apply to a private canal or a private drain.
198.
Custody of works carried out without permit or
otherwise abandoned.− (1) A
Canal Officer duly authorized in this behalf under the relevant Standing
Instruction may take over the custody of any work,
appliance, contrivance,
apparatus or any other thing which has been carried out, installed or otherwise used without having first
obtained a permit under section 197 or which has otherwise been abandoned by
its owner.
(2) Thereafter,
the said Canal Officer may, cause to be published in an issue of a reputable
daily newspaper a notice specifying that
such work, appliance, contrivance,
apparatus or other thing has been taken into his custody and is available for
sale through public
auction on a date specified in that notice.
(3) Where
the owner of the work, appliance, contrivance, apparatus or other thing shows
interest in its return to him before the date
specified for public auction, the
said Canal Officer may grant him a permit and make over its custody to him if
he agrees to pay
the fee fixed under section 197 as well as any fine, and to
abide by any other terms and conditions which the Government may fix
for this
purpose from time to time.
(4) In
other cases, the said Canal Officer may grant a permit and make over the
custody of the work, appliance, contrivance or apparatus
to the person offering
highest bid if he agrees to pay such fee and abide by other terms and
conditions fixed under section 197.
(5) In
addition, all expenses incurred by the said Canal Officer on safe custody of
the work, appliance, contrivance, apparatus or other
thing and publication of
the notice and any other related measures shall be borne by the person to whom
custody of the work, appliance,
contrivance, apparatus or other thing is made
over under subsection (3) or, as the case may be, subsection (4).
199.
Dealing with damages to irrigation works.− (1) Whenever it comes to the notice of a
Divisional Canal Officer that a dam, embankment, bridge, drain, canal, sluice,
outlet, or
any other irrigation work has been demolished, damaged, obstructed
or altered without proper permission or authority, he may, after
making such
inquiry as he may deem fit, by a notice require the person found responsible
for such demolition, damage, obstruction
or alteration to immediately restore
it to its original condition, at his cost.
(2) If
that person fails to restore the dam, embankment, bridge, drain, canal, sluice,
outlet or other irrigation work to its original
condition, the Divisional Canal
Officer may cause it to be so restored on his behalf.
(3) All
expenses incurred by the Divisional Canal Officer on such restoration shall be
a sum due by that person to the Divisional Canal
Officer and if he does not,
when called upon, make full payment, such expenses shall be recovered from him
as an arrear of land revenue.
200.
Delegation of power and duties.− (1) The Secretary may, by a notification,
direct that all or any of the powers conferred upon him by or under this Act
shall be exercised,
subject to any restrictions or conditions, also by such
officer sub-ordinate to him, as may be specified in the notification.
(2) Subject
to the previous approval of the Secretary, any Canal Officer or other officer
may, by a notification, direct that all or any
of the powers conferred or
duties imposed on him by or under this Act, shall be exercised, subject to any
restrictions and conditions,
also by such officer sub-ordinate to him, as may
be specified in the notification.
(3) The
provisions of this section shall not apply to any power vested in or duty
imposed upon a Canal Officer in relation to which his
decision is appealable in
terms of section 180.
201.
Canal Calendar and related duties.− (1) There shall be a Standing Instruction
prescribing a calendar of works and other things which shall be undertaken or
done every
year as a matter of routine in relation to the maintenance and
operations of dams, headworks, weirs, canals, drains and other irrigation
works.
(2) It
shall be the duty of every Canal Officer, other officers and staff appointed
under this Act to diligently adhere to the said calendar.
202.
Power to make rules.− (1) The Government may, from time to time, by
notification in the official gazette, make rules for carrying out all or any of
the
provisions of this Act and matters connected or ancillary thereto.
(2) In
making any rule under this section, the Government may provide that breach
thereof shall be punishable with a fine which may extend
to fifteen thousand
rupees or with imprisonment for a term which may extend to thirty days or with
both, and in the case of a continuing
offence, with an additional fine which
may extend to one thousand rupees for every day during which such offence
continues after
conviction for the first of such offence.
203.
Power to issue Standing Instructions.− (1) Whenever he considers it so expedient, the
Secretary may issue Standing Instructions on general matters relating to the
exercise
of powers vested in and discharge of duties imposed upon the Canal
Officers, other officers, staff and other persons under this Act
or generally
in relation to their work under this Act, or for carrying out all or any of the
provisions of this Act.
(2) In
particular and without prejudice to the generality of the foregoing powers,
such Standing Instructions may provide for all or any
of the following matters,
namely:
(a)
any matter for which a Standing Instruction
is required under this Act;
(b)
size, description and manner of
sanction and construction of outlets and water courses, allocation of water to
different canals in
the Punjab, inclusion and exclusion of lands from
irrigation area of a canal, and supply of canal water to irrigators;
(c)
the manner and procedure for
assessment and collection of rates, charges, tolls, fees, contributions,
penalties and other sums imposed
or due under this Act and entering into
contracts for their collection;
(d)
performance of duties by and
trainings and examination of Canal Officers, Patrol Officers, other officers
and staff appointed under
this Act; and
(e)
carrying out of works and
engagement of services for the purpose of this Act.
(3) All
Standing Instructions shall be consistent with the Act and the rules made
thereunder.
(4) For
the ease of reference, the Secretary may cause the relevant Standing
Instructions to be compiled in the form of various manuals
and published.
204.
Indemnity for acts done in good faith.− (1) No suit, prosecution or other proceedings
shall lie against any Canal Officer, Patrol Officer, any other officer or
staff, or
any other person in respect of anything which is in good faith done
or intended to be done by him in pursuance of this Act or any
rules, Standing
Instruction or order made thereunder.
(2) No
suit or other legal proceedings shall lie against the Government, any Canal
Officer, Patrol Officer, other officer or staff, or
any other person in respect
of any damage caused or likely to be caused by anything which is in good faith
done or intended to be
done in pursuance of this Act or any rules, Standing
Instruction, orders or other instructions made, issued or passed under it.
205.
Repeals and savings.− (1) The Canal and Drainage Act, 1873 (VIII of
1873) and the Punjab Soil Reclamation Act, 1952 (XXI of 1952) are hereby
repealed.
(2) Save
as otherwise provided in this Act, repeal of the Canal and Drainage Act, 1873
(VIII of 1873) and the Punjab Soil Reclamation Act, 1952 (XXI of
1952) shall not affect:
(a)
any right, privilege, obligation or
liability acquired, accrued or incurred under it;
(b)
any penalty, forfeiture or
punishment incurred in respect of any offence committed against it; and
(c)
any investigation, legal proceeding
or remedy in respect of any such right, privilege, obligation, liability,
penalty, forfeiture
or punishment as aforesaid, and any such investigation,
legal proceedings or remedy may be instituted, continued or enforced and
any
such penalty, forfeiture and punishment may be imposed as if it has not been so
repealed.
(3)
Notwithstanding its repeal, anything done or
any action taken under the Punjab Canal and Drainage Act, 1873 (VIII of 1873)
and the
Punjab Soil Reclamation Act, 1952 (XXI of 1952), including:
(a)
every rule, manual, code, notification, order,
direction or instruction made, issued, passed or saved under it;
(b)
every legal proceeding or notice initiated,
made or saved under it;
(c)
every license, concession, permission or right
conferred or saved under it;
(d)
every appointment made or saved under it;
(e)
every tax, fee, rate, toll or other charge or
sums of money assessed, imposed, collected or due to the Government under it;
(f)
every irrigation scheme or other work drawn up,
contracted, executed or maintained under it;
(g)
every instrument or contract executed under it;
and
(h)
allocation of water to various canals, share of
irrigators and irrigation areas settled under it.
which so far as is in force at the commencement
of this Act and not inconsistent with the provisions of this Act, shall be
deemed
to have been done or taken under this Act unless previously altered,
modified, cancelled, suspended, surrendered, withdrawn or superseded,
as the
case may be, under this Act.
206.
Act to override other laws.− The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in
force.
207.
Removal of difficulties.− If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by an order published in the
official
gazette, make such provisions or give such directions, not
inconsistent with the provisions of this Act, as appears to it to be necessary
or expedient for removing the difficulty.
[1]This Act was passed by Provincial Assembly
of the Punjab on 09 January 2023; assented to by the Governor of the Punjab on 23
January
2023; and was published in the Punjab Gazette (Extraordinary), dated 17
February 2023, Pages: 3897-3955.
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