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
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(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 |
(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.------------