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      • 1. Short title.
      • 2. Repeal of Acts.
      • 3. Interpretation clause.
      • 4. Power to appoint officers.
      • 5. Notification to issue when water supply is to be applied for public purposes.
      • 6. Powers of Canal officers.
      • 7. Notice as to claims for compensation.
      • 8. Damage for which compensation shall not be awarded.
      • 9. Limitation of claims.
      • 10. Enquiry into claims and amount of compensation.
      • 11. Abatement of rent on interruption of water supply.
      • 12. Enhancement of rent on restoration of water supply.
      • 13. Compensation when due.
      • 14. Power to enter and survey, etc.
      • 15. Power to enter for repairs and to prevent accidents.
      • 16. Application by persons desiring to use canal water.
      • 17. State Government to provide means of crossing canals.
      • 18. Persons using watercourse to construct works for passing water across roads, etc.
      • 19. Adjustment of claims between persons jointly using watercourse.
      • 20. Supply of water through intervening watercourse.
      • 21. Application for construction of new watercourse.
      • 22. Procedure of Canal officer thereupon.
      • 23. Application for transfer of existing watercourse.
      • 24. Objections to transfer applied for.
      • 25. When applicant may be placed in occupation.
      • 26. Procedure when objection is held valid.
      • 27. Procedure when Canal Officer disagrees with the Collector.
      • 28. Expenses to be paid by applicant before receiving occupation.
      • 29. Condition binding on applicant placed in occupation of watercourse.
      • 30. Procedure applicable to occupation for extensions and alterations.
      • 30A. Preparation of draft scheme.
      • 30B. Publication of a scheme.
      • 30C. Publication of scheme.
      • 30D. Publication of notice of intention to acquire land.
      • 30E. Cost of execution of works to be met by shareholders.
      • 30F. Maintenance of watercourse to be done by shareholders.
      • 30FF. Alteration of a watercourse or damage thereto be made good by the person responsible for it.
      • 30G. Bar of Jurisdiction of Civil Court.
      • 31. In absence of written contract, water supply to be subject to rules.
      • 32. Conditions as to.
      • 33. Liability when person using unauthorisedly cannot be identified.
      • 34. Liability when water runs to waste.
      • 35. Charges recoverable in addition to penalties.
      • 36. Charge on occupier for water how determined.
      • 37. Owner's rate.
      • 38. Amount of owner's rate.
      • 39. Owner's rate when not chargeable.
      • 40 to 43.
      • 44. Water rate by whom payable, when charged on land held by several owners.
      • 45. Certified dues recoverable as land revenue.
      • 46. Power to contract for collection of canal dues.
      • 47. Lambardars may be required to collect canal dues.
      • 48. Fines excluded from Sections 45, 46, 47.
      • 49. Detainer of vessel violating rules
      • 50. Recovery of fines for offences in navigating canals.
      • 51. Powers to seize and detain vessel on failure to pay charges.
      • 52. Power to seize cargo or goods, if charges due thereon are not paid.
      • 53. Procedure for recovery of such charges after seizure.
      • 54. Procedure in respect of vessels abandoned and goods unclaimed.
      • 55. Power to prohibit obstructions or order their removal.
      • 56. Power to remove obstruction after prohibition.
      • 57. Preparation of Schemes for works of improvement.
      • 57A. Application for Sections 30A to 30G to "field drains".
      • 58. Powers of persons employed on such schemes.
      • 59. Rate on lands benefitted by works.
      • 60. Recovery of rate.
      • 61. Disposal of claims as to compensation.
      • 62. Limitation of such claims.
      • 63 to 66.
      • 67. Jurisdiction under this Act of Civil Courts.
      • 68. Power of Deputy Collector to order use or distribution of water and settlement of differences as to mutual rights and liabilities of persons interested in watercourse.
      • 69. Power to summon and examine witnesses.
      • 70. Offences under the Act,.
      • 70A. Order of the Divisional Canal Officer.
      • 71. Saving of prosecution under other laws.
      • 72. Compensation to person injured.
      • 73. Powers to arrest without warrant.
      • 74. Definition of "Canal".
      • 75. Power to make, alter and cancel Rules.
      • 1. Short title.
      • 1A. Definition.
      • 1B. Orders for construction of works.
      • 2. Proceedings of the Superintending Canal Officer on reference.
      • 3. Proceedings of Deputy Commissioner.
      • 4. Opening of new water-course.
      • 5. Application for water.
      • 6. Limit of length of water-course.
      • 7. Apprehended wastage.
      • 7A.
      • 8. Sanitary reasons.
      • 8A. Prohibition of irrigation in the vicinity of cantonment.
      • 8B.
      • 9.
      • 10. Filling of tanks within the irrigation boundary for watering cattle.
      • 11. Contracts.
      • 12. Charges for water used for purposes other than irrigation.
      • 12A.
      • 13. Water supplied to cantonments, towns, etc.
      • 14. Water power.
      • 15. Tails.
      • 15A.
      • 16.
      • 17. Stoppage of supply in improperly maintained water-course.
      • 18. Report of closures.
      • 19.
      • 20. Claims for remission of occupiers rates and ordinary charges other than occupiers rates for the use of canal water.
      • 20A. Who to be deemed "occupiers".
      • 21. Charges for the use of water.
      • 22. Charges leviable for a preliminary watering (Paleve) when no crop is sown.
      • 22A.
      • 23. Charge for mixed crops.
      • 24. Charge for crops grown separately in the same field.
      • 25. Charge liable on fields resown.
      • 26. Occupier's rate for fields partly irrigated.
      • 27. Charge leviable on fields partly irrigated from canal, partly from wells or other sources.
      • 28. Use of canal water-course for conveyance of water from a well or any other source.
      • 29. Charge leviable for permanent irrigation form escapes.
      • 30. Charges leviable for intermittent irrigation from escapes.
      • 30A. Owner's rate.
      • 31.
      • 32. Charge leviable for taking water from a canal without permission or at times prohibited by proper authority (i.e. during tatils)
      • 33. Charge leviable for canal water used in an unauthorised manner or suffered to run to waste.
      • 33A.
      • 33B, 33C, 33D, 33F and 34.
      • 34A.
      • 35. Schedule of rates to be accessible to villagers.
      • 36. Patwari's fees.
      • 37. Lambardar's Fees.
      • 38. Tolls.
      • 39. Ferry and steam boats.
      • 40. Measurement.
      • 41. Number.
      • 42. Ticket.
      • 43. Dimensions.
      • 44. Tolls payable in advance.
      • 45. Receipt for tolls.
      • 46. Pass for boats.
      • 47. Pass to be shown when required.
      • 48. Every boat or raft to be navigated by two persons.
      • 49. Pass for rafts.
      • 50. Removal of rafts from canal.
      • 51. Divisional Canal Officer empowered to remove rafts.
      • 52. Rafts without passes.
      • 53. Double rate to be charged for excess over quantity shown in pass.
      • 54. Removal of rafts lodging against canal works.
      • 55. Masts
      • 56. Boats and rafts to be fastened for and aft.
      • 57. Boats and rafts to be moored so as not to obstruct.
      • 58. Every boat or raft when brought to have some one on board.
      • 59. Wrecks.
      • 60. Banks or berms not to be used as wharves.
      • 61. Goods to be removed from canal lands.
      • 62. Boats or rafts liable to be examined.
      • 63. Canal closures.
      • 63A.
      • 64.
      • 65. Trial of offences.
      • 66.
      • 67. Assessment and realization of occupier's rate.
      • 68. Khatauni to be accessible to villagers.
      • 69. Distribution of parchas.
      • 70. Complaints against khasra entries.
      • 71. Objection may be made by a Lambardar etc. on behalf of cultivators.
      • 72. Method of dealing with alteration in the demand.
      • 73. Objections to the demand.
      • 74. Irrecoverable balances.
      • 75. Payments of refunds.
      • 76. Appeal against retrenchment of fees.
      • 77. Receipts for water rates.
      • 78. General prohibition.
      • 78A.
      • 78B.
      • 79A.
      • 79B.
      • 79C.
      • 79D.
      • 79E.
      • 79F.
      • 79G.
      • 79H.
      • 79I.
      • 80. Interpretation.
      • 81. No appeal except when expressly given.
      • 82. Period for appealing.
      • 83. Calculation of period.
      • 84. Form of appeal.
      • 85. When appeal may be summarily rejected.
      • 86. Procedure on admission of appeal.
      • 87. Notice of hearing to be given.
      • 88. Contents of notice.
      • 89. Mode of service.
      • 90. Acknowledgement of personal service.
      • 91. Memorandum by serving Officer.
      • 92. Cost of service.
      • 93. Hearing may be postponed or adjourned.
      • 94. Attendance or representation of parties not essential.
      • 95. Court to be satisfied before hearing that notice has been received by parties.
      • 96. Procedure on hearing (When parties present).
      • 97. Copy thereof to be sent to the subordinate officer.
      • 98. Copies to be granted to parties.
      • 99. Of hearing in certain events.
      • 100. Power of revision by Financial Commissioner and Chief Engineer and rule 101 (Power of revision by State Government).
      • 102. Finality of orders and decision of Appellate Court.
      • 103. Scope of rules.
      • 104. Procedure upon references under Section 27.
      • 105.
      • 106.
      • 107.
      • 108.
      • 109.
      • 110.
      • 111.
      • 112.
      • 113.
      • 114.
      • 115.
      • 116.
      • 117.
      • 1. Owner's rate.
      • 2. Realization of Owner's Rates.
      • 3. Remission of Owner's Rates.
      • 1. Limits.
      • 2. Distribution of supplies between big and small gardens.
      • 3. Discharges permissible.
      • 4. Jhallari concession.
      • 5. Raising existing supply as per sanctioned scale.
      • 6. Reducing existing supply as per sanctioned scale.
      • 7. Excesses in the limits on account of existing supplies.
      • 8. Statement showing discharges allowable.
      • 9. Procedure regarding new application.
      • 10. Agreement for garden supplies.
      • 11. Supplies for gardens planted in stages.
      • 12.
      • 13. Separate outlets.
      • 14. Alteration to outlets.
      • 15. Gardens receiving extra supplies, but not on sanction list.
      • 16. Maintenance of garden register.
      • 17. Inspection of gardens by Zilladars.
      • 1. Mode of Publication of drainage works schemes.
      • 2. Cost of drainage works scheme.
      • 3. Calculation of drainage rate.
      • 4. Option of land-owner for mode of payment.
      • 5. Disposal of objections as to the ownership of lands chargeable in respect of drainage charges.
      • 6. Conditions for surrender of land in lieu of drainage charges.
      • 7. Evaluation of land offered for surrender in lieu drainage charges.
      • 8. Appointment of dues among joint ownership.
      • 9. Conditions for offer of labour in lieu of drainage charges.
      • 10. The rate of labour offered by a land-owner.
      • 11. Distribution of demand slips.
      • 12. Submission of Demand Statements to Tehsils.
      • 13. Procedure of recoveries.
      • 14. Objections by land-owners to amount shown in the demand statement and their disposal.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.

Rules issued under Sections 57, 59 and 60 of the Northern India Canal and Drainage Act, VIII of 1873, as amended by the Northern India Canal and Drainage (East Punjab Amendment) Act, 1953

Published vide Notification No. 1120/CA/1446/53, dated 2.8.1954

pu436

1. Mode of Publication of drainage works schemes. - A scheme for drainage works, under section 57 of the Act, shall be published in the Official Gazette together with an estimate of its cost and a statement of the proportion of such cost which the Government proposes to defray, and a schedule of the lands which it is proposed to make chargeable in respect of the scheme; and translations thereof in Hindi, Gurmukhi or Urdu shall be posted :

(i) at the offices of the Deputy Commissioner and Divisional Canal Officer;

(ii) at conspicuous places in the locality affected by the scheme, such as Tehsils and Thanas, etc.

and shall also be published by beat of drum or in any other customary manner.

2. Cost of drainage works scheme. - The term "Cost" in Section 57 of the Act, shall be deemed to mean the total charges of construction of the drainage works scheme and shall include the cost of land, if any, acquired for the drainage works, departmental charges, and such interest charges as may be ordered by the Government in accordance with its financial rules.

[3. Calculation of drainage rate.] - The portion of the cost to be recovered from the owners of lands benefited by the scheme, shall be worked out on the basis of the area served by the scheme in the following manner :-

(i) Total cost of the scheme

. .

A

(ii) Amount recoverable from the owners (Total cost of the scheme less the portion that Government proposes to defray)

. .

B

(iii) Total area that will be served by the scheme

. .

C

(iv) Rate per acre of the areas served by the scheme

VXD/R

=D

(v) Area benefited in a village

. .

V

(vi) Total recovery from the village

. .

VxD

(vii) Total revenue of the village

. .

R

(viii) Amount recoverable per rupee of land revenue from the village

. .

VXDXR/R

(ix) Revenue paid by a land-owner

. .

r

(x) Amount recoverable from the land-owner

. .

VxDxr/R


4. Option of land-owner for mode of payment. - On publication of the Drainage Works Scheme, the Divisional Canal Officer shall publish in the villages affected thereby that the owners of lands chargeable in respect of the Scheme should intimate to him through an application, in writing, within 15 days of the date of such publication, their option with regard to the manner of payment.

If no intimation regarding manner of payment or an objection under Rule 5 infra is received by the Divisional Canal Officer from any land-owner within the period prescribed, it shall be presumed that he proposed to contribute in cash.

5. Disposal of objections as to the ownership of lands chargeable in respect of drainage charges. - Any aggrieved land-owner may present a petition, in writing, to the Divisional Canal Officer within 15 days of the date of the publication referred to in Rule 4, stating his objections. The Divisional Canal Officer shall after giving him an opportunity to support his objection and after such verification as may be necessary, either confirm, vary or cancel the assessment against him.

6. Conditions for surrender of land in lieu of drainage charges. - Surrender of land by any land-owner in lieu of full or part payment of drainage charges shall be acceptable only if the area to be surrendered is free from all encumbrances [and comes within the area to be acquired by the Government for the execution of the Drainage Scheme concerned].

Where land is given by the owners, due credit for the cost of such lands will be given to the recoveries of drainage charges to be effected from the land-owners.

[7. Evaluation of land offered for surrender in lieu drainage charges.] - The value of land surrendered in lieu of drainage charges will be determined as per rules laid down in Financial Commissioners' Standing Order No. 28, by the Collector.

8. Appointment of dues among joint ownership. - If any land on which charges are levied, is owned by more than one person, the Divisional Canal Officer, on receipt of application from any one of the owners will distribute the charges amongst all owners according to their shares in the said lands as per Revenue Records.

[9. Conditions for offer of labour in lieu of drainage charges.] - The offer of labour made by any land-owner in lieu of full or part payment of the charges shall be accepted if the labour is to be performed only by able- bodies adult males between the age of 18 and 55 year and shall be subject to the following conditions :-

(i) The land-owner, who choses to contribute in labour will inform the Divisional Canal Officer, or the Sub-Divisional Canal Officer concerned, of the quantum of labour that he would supply, and the Divisional Canal Officer or the Sub-Divisional Canal Officer will intimate to the Tehsildar, through the Collector, that corresponding recoveries be held in abeyance.

(ii) The quantum of labour will be supplied in the digging of the drain in question, which the Divisional Canal Officer or the Sub- Divisional Canal Officer will specify to the owner. The Divisional Canal Officer or the Sub-Divisional Canal Officer will allocate the reach in which he will accept the labour.

(iii) The period for which recovery will be held in abeyance will be the period specified for the digging of the drain and will be fixed by the Divisional Canal Officer in each case.

(iv) The Divisional Canal Officer or the Sub-Divisional Canal Officer will communicate, at the expiry of the period, to the Tehsildar, through the Collector, the remission to be granted to each owner for contribution by way of labour.

10. The rate of labour offered by a land-owner. - The rate of labour, offered by a land-owner in lieu of payment of drainage charges, will be the rate for the time being paid by Government in the neighbourhood for similar works. [-].

11. Distribution of demand slips. - As soon as the demand statement in respect of drainage charges for any village are completed, the copies of demand slips meant for assessees will be sent to a Canal Patwari or a Civil Patwari through the Collector. The Patwari will deliver these to Lambardar concerned within 5 days of their receipt by him. The Lambardar will distribute them among assessees or failing them to their recognised agents or an adult male member of the family of an assessee within 5 days of receipt of these demand slips from Patwari. The acknowledgement of assessees for demand slips shall be submitted by Lambardars to Divisional Canal Officer under registered post through Canal Ziladar concerned within 10 days of their receipt from Canal Pagwari.

12. Submission of Demand Statements to Tehsils. - One copy of the demand statement for each village shall be sent to the Tehsil concerned through the Collector for recovery. The Divisional Canal Officer may lay down if recovery is to be made in one or more instalments.

13. Procedure of recoveries. - Any amount due from an assessee under the Notice of Demand for drainage charges shall on demand be payable to the Lambardar concerned. The procedure for recovery will be the same as followed in the case of recovery of land revenue and water rates.

14. Objections by land-owners to amount shown in the demand statement and their disposal. - Any owner may present his objections against the amounts shown in the demand statement to the Divisional Canal Officer concerned, within 15 days of the date of receipt of the demand slip by him, or his agent, or any adult male member of his family.

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