WHEREAS, throughout the territories to which this Act extends [3][the Provincial Government] is entitled to use and control for public purposes the water of all rivers and streams flowing in natural channels, and of all lakes, [4][sub-soil water] and other natural collections of still water, and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said terri­tories;

Preamble

1.                              This Act may be called the [5][*   * * ]Canal and Drainage Act,1873.

Short title

            It extends to [6][the Punjab]; and applies to all lands, whether permanently settled, temporarily settled, or free from revenue.

Local extent

3.         In this Act unless there be something repugnant in the subject or context,—

Interpretation clause.

(a)    All canals, channels, [8][tube-wells] and reservoirs constructed, maintained or controlled by [9][the Provincial Government] for the supply or storage of water;

(b)   all works,   embankments,   structures, supply    and escape-channels connected   with     such    canals, channels or reservoirs;

(c)    all water-courses as defined in the second-clause of this section :

(d)   all parts of a river, stream, lake or natural collection of water or natural drainage-channel, to which the [10][Provincial Government] has applied the provision of Part IT of this Act;

Canal.

(2)         "water-course'" means any channel which is supplied with water from a canal, but which is not maintained at the cost of [11][the Provincial Government], and all subsi­diary works belonging to any such channel:

“Water-course.”

(3)         “drainage-work" includes escape-channels from a canal, drains, weirs, embankments, sluices, groins and other works for the protection of lands from flood or from erosion formed or maintained by [12][the Provincial Government] under the provisions of Part VII of this Act, but does not include works for the removal of sew­age from towns:

“Drainage work.”

(4)         "vessel" includes   boats, rafts,   timber and  other   floa­ting bodies;

“Vessel”

(5)   [14][Revenue Commissioner] means  a Commissioner of a ' division,    and    includes any   officer appointed   under this Act to exercise all or any of the powers of a Commis­sioner :

Commissioner”

(6)    "Collector" means the head revenue- officer of a district and includes a Deputy Commissioner or other officer appointed under this Act to exercise all or any of the powers of a Collector;

“Collector.”

(8)   "district" means a district as fixed for revenue-purposes.

“District.”

4.         The [16][Provincial Government] may from time to time declare by notification in the Official Gazette,[17][the officers, persons or autho­rities by whom ] and the local limits within which, all or any of the powers or duties herein after conferred or imposed shall be exercised or performed.

Power to    appoint officers.

5.         Whenever it appears expedient to the [19][Provincial Government] that the water of any river or stream flowing in a natural channel or of any lake or other natural collection of still water, [20][or any sub­soil water] should be applied or used by 3[the Provincial Government] for the purpose of  any existing or  projected   canal or drainage-work, the [21][Provincial  Government]   may, by   notification in the official   Gazette, declare that the said water will be  so applied or used after  a day to be named in the said   notification not   being earlier than three months from the date thereof.

Notification to issue when water supply is to be applied for public purposes.

6.         At any time after the day so named, any Canal Officer acting under the orders of the [22][Provincial Government] in this behalf may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.

Powers of Canal Officers.

7.         As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, stating that [23][the Provincial Government] intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.

Powers of Canal Officers.

8.         No compensation shall be awarded for any damage caused by.

Damage for which compensation shall not be awarded.

            But compensation may be  awarded in respect: of any of the following             matters:—

Matter in respect of which compensation may be awarded.

            No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section in respect of a work or channel not in use at the date of the notification, shall be acquired as against i(the Provincial Government) except by grant or under the [25][Indian Limitation Act, 1877], Part IV; and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall be acquired, as against [26][the Provincial Government), under the same Part.

XV of 1877

9.         No claim for compensation for any such   stoppage, diminution or damage shall be made after the expiration of one year from such stoppage, diminution or damage, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

Limitation of Claims

10.       The Collector shall proceed to enquire into any   such    claim, and to determine the amount of compensation if any, which should be given to the claimant;  and   sections 9 to 12 (inclusive),   14 and 15,18 to 23 (inclusive), 26 to 40   (inclusive),  51,57,58 and 59 of the [27][Land Acquisition Act, 1870], shall apply to such inquiries:

Enquiry into claims and amount of compensation

11.       Every tenant holding under an unexpired lease, or having a or right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of water supply in respect of which com­pensation is allowed under section 8,takes place, may claim an abate­ment of the rent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding.

Abatement rent on iteruption of water Supply.

12.       If a water-supply increasing the value of such holding is after wards  restored to the said land, the rent of the tenant may be enhanced, 5up"in respect of the increased value of such land due to the restored water-supply, to an amount not  exceeding  that at which   it  stood immediately before the abatement.

Enhancement of rent on restoration of water Supply.

13.       All sums of money payable for compensation under this Part shall become due three months after the claim for such compen­sation is made in respect of the stoppage, diminution or damage complained of,

Compensation when due.

            and simple interest at the rate of six per cent, per annum shall be allowed on any such sum remaining unpaid after the said three months except where the non-payment of such sum is caused by the willful neglect or refusal of the claimant to receive the same.

Interest,

            may enter upon any lands adjacent to any canal, or through etc. which any canal is proposed to be made, and   under-take surveys or levels thereon;

Power to enter and survey etc.

            and, where otherwise such enquiry cannot be completed,  such officer or other person may cut down and clear away any part of a any standing crop, fence or jungle;

Power to clear land.

            and may also enter upon any land, building  or water-course p on account of which any water-rate is chargeable, for the purpose w of inspecting or regulating    the use of the  water supplied,   or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal:

Power to inspect and regulate water supply.

            Provided that, if such Canal Officer or person proposes to enter into any building or enclosed court or garden attached to a h dwelling-house not supplied with water flowing from any canal he shall previously give the occupier of such building court or garden at least seven days' notice in writing of his intention to do so.

Notice of intended entry houses.

            In every case of entry under this section, the Canal Officer c shall, at the time of such entry, tender compensation for any damage £ which may be occasioned by any proceeding under this section; and, Please of dispute as, the sufficiency of the amount so tend­ered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final.

Compensation for damage caused by entry.

15.    In case of any accident   happening or being apprehended to a canal, any Divisional Canal Officer or any person acting under his general or special orders in this behalf, may enter upon any lands adjacent to such canal, and may  execute all   works which  may be necessary for the purpose of repairing or preventing such accident.

Power to enter for repairs and to prevent accidents.

            In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage Officer done to the same. If such tender is not accepted, the Canal shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the [29][Provincial Government] had directed the occupation of the lands under section 43 of the [30][Land Acquisition Act, 1870].

Compensation for damage to land

16.       Any persons desiring to use the water of any canal may apply in writing to the Divisional or Sub-divisional Canal Officer of the' division or sub-division of the canal from which the water-course is to be supplied, requesting such officer to construct or improve a water­course at the cost of the applicants.

Application by person desiring to use canal water.

            The application shall state the works to be undertaken, their
appropriate estimated cost, or the amount which the applicants are
willing to pay for the same, or whether they engage to pay the actual
cost as settled by the Divisional Canal Officer, and how the payment
is to be made.

Contents of application.

            When the assent of the [Canal Officer authorized in this behalf by Provincial Government] is given to such application, all the appli­cants shall, after the application has been duly attested before the Collector, be jointly and severally liable for the  cost of such  works to the extent mentioned therein.

Liability of applications for costs of works.

            Any amount becoming due under the terms of such appli­cation, and not paid to the Divisional Canal Officer, or the person authorized by him to receive the same, on or before the date on which it becomes due, shall, on the demand of such officer, be reco­verable by the Collector as if it were an arrear of land revenue.

Recovery of amount due.

17.       There shall be  provided,   at  the cost of [31][the   Provincial , Government] suitable means of crossing canals constructed or main­tained at the cost of if the Provincial Government], at such  places as [32][the Provincial Government] thinks  necessary for the  reasonable convenience of the inhabitants of the adjacent lands.

Government to provide means of crossing canals.

18.       The Divisional Canal Officer may issue an order to the person :° using any water-course to construct suitable bridges, culverts or other for works for the passage of the water of such water-course across any c public road, canal or drainage-channel in use before the said water­course was made, or to repair any such works.

Persons using water- course to construct works for passing water across roads, etc.

            and if, after the receipt of such order, the persons to whom it is addressed do not, within the said period construct or repairs such works to the satisfaction of the said Canal Officer, he may, with the previous approval of the Superintending Canal Officer, himself construct or repair the same;

If they fail, Canal Officer may construct:

            and if the said persons do not, when so required, pay the cost of such construction or repairs as declared by the Divisional   Canal1 Officer, the amount shall, on the demand of the Divisional   Canal Officer, be recoverable from them by the Collector as if it were an arr-ear of land-revenue.

And
Recover cost.

19.       If any person, jointly responsible with others for  the construction or maintenance of a water-course, or jointly making use  of] a water-course with others, neglects or refuses to pay his share  of the ' cost of such construction or maintenance or to execute  his share any work necessary for such contraction or maintenance, the   Divi­sional or Sub-divisional Canal Officer, on receiving an application in writing from any person injured by such neglect or refusal, shall serve notice on all the parties  concerned that, on the expiration of a fort­night from the service, he will investigate the case, and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as to him seems fit.

Adjustment of claims between persons jointly using water course.

            Any sum directed by such order to be paid within a specified  period may, if not paid within such period, and if the   order remains a in force, be recovered by the Collector, from the person directed   to pay the same, as if it were an arrear of land revenue.

Recovery of amount found due.

20.       Whenever application is made to a Divisional Canal Officer  for a supply of water from a canal, and   it appears to him expedient  that such supply should be given and that it should be conveyed through some existing water-course, he shall   give notice to  the persons responsible for the maintenance of such water-course to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not   be so conveyed, and, after making enqu­iry on such day, the Divisional Canal-Officer shall determine whe­ther and on what conditions the said supply shall be conveyed thro­ugh such water-course.

Supply of water through intervening water course.

21.       Any person desiring the construction  of a new water-course may apply in writing to the Divisional Canal-Officer, stating—

Application for construction of new watercourse.

22.       If the Divisional Canal-Officer considers—

Procedure of Canal- Officer thereupon.

23.       Any person desiring that an existing water-course should   be transferred from its present owner to himself may apply in   writing i to the Divisional    Canal-Officer, stating—

Application for transfer of existing water course,

            If the Divisional Canal-Officer, considers—

Procedure there upon.

24.       Within thirty  days from the  publication of a notice under o section 22 or section 23, as the case  may be, any person interested in s, the land or water-course to which the notice refers may apply to the Collector   by petition,   stating his objection to the construction or transfer for which application  has been made.

Objections to Construction or transfer applied for.

25.       If no such objection is made, or (where such objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-Officer to that effect, and shall proceed forthwith to place the said applicant inoccupation of the land marked out or of the water­course to be transferred, as the case may be.

When applicant may be placed in occupation.

26.       If the Collector considers any objection made as aforesaid to be valid he shall inform the Divisional Canal-Officer accordingly; and if such officer sees f it, he may, in the case of an application under section 21, alter the boundaries of the land so marked out, and may give fresh notice under section 22; and the procedure hereinbefore provided shall be applicable to such notice, and the Collector shall thereupon proceed as before provided.

When applicant may be placed in occupation.

27.       If the Canal-Officer disagrees with the Collector, the matter shall be referred for decision to the [39][Revenue Commissioner].

Procedure when canal-officer disagrees Collector..

28.       No such applicant shall be placed in occupation of such land i"c or water-course until he has paid to the person named by the Collector i- such amount as the Collector determines to be due as compensation for the land or water-course so occupied or transferred, and for any damage caused by the marking out or occupation of such land, to­gether with all expenses incidental to such occupation or transfer.

Expenses to be paid by applicant before receiving occupation.

            In determining  the compensation to   be  made under   this section the Collector shall proceed under the provisions of the [40][Land Acquisition Act, 21870]; but he may, if the person to be compensated so desires, award such compensation in the form of a rent-charge payable in respect of the land or water course occupied or transferred.

Procedure in fixing compensation..

            If such compensation and expenses are not paid when dem- Anded by the person entitled to receive   the same, the amount maybe recovered by the Collector as if it were an arrear of land revenue, and shall, when recovered, be paid by him to the person entitled to receive the same.

Recovery of compensation and expenses.

29.       When any such applicant is placed in occupation of land or on of a water-course as aforesaid, the following rules and conditions n. shall be binding on him and his representative in interest:—

Conditions binding on applicant play cod in occupation.

30.       The procedure hereinbefore provided  for the  occupation   of land for the construction of a water-course shall be applicable to the occupation of land for any extension or alteration of a water course and for the deposit of soil from water-course clearances.

Procedure applicable to occupation for extension and alteration.

31.       In the absence of a written contract, or so far as any such £ contract does not extend, every supply of canal-water shall be deemed to be given at the rates and subject to the conditions prescribed the rules to be  made by  the  [41][Provincial   Government]   in respect thereof.

In absence of written contract water Supply to be subject to rules,

32.    Such contract and rules must be    consistent with the follo­wing conditions.—

Conditions as to

(a)         The Divisional Canal Officer may not stop the supply
      of water to any water-course, or to any person, except in
      the following cases:—

Power to stop water supply,

(b)          No claim shall be made against [43][the Provincial Government] for       compensation in respect of loss caused by the failure or stoppage       of the water in a canal, by reason of any cause beyond the control       of [44][the Provincial Govern­ment] or of any repairs, alterations or       additions to the canal, or of any measures taken for regulating the       proper flow of water therein, or for maintaining the established       course of irrigation which the Divisional Canal Officer considers       necessary; but the person suffering such loss may claim such       remission of the ordinary charges payable for the use of the water       as is authorized by the [45][Provin­cial Government]:

Claims to compensation in case of failure or stoppage of supply.

(c)          If the supply of water to any land irrigated from a canal be       interrupted otherwise than in the manner    described in the last       preceding clause, the occupier or owner of such land may present       a petition for compensation to the Collector  for any loss arising       from such  interrup­tion, and the Collector may award to the       petitioner reason­able compensation for such loss:

Claims on account of interruption from other causes;

(d)               When the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to matu­rity, and to apply only to that crop; but, if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year:

Duration of supply

(e)             Unless with the permission of the Superintending Canal Officer, no person entitled to use   the water of any canal or any work, building or land appertaining to any canal, shall sell or sublet or other-wise transfer his right to such use:

Sale or subletting of;

      But all contracts made between [46][the Provincial Government ] and            the owner or occupier of any immovable property, as the supply        of canal-water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a            transfer of such property takes place:

Transfer, with land, of contracts for water;

(f)           No right to the use of the water of a canal shall be, or be deemed       to have been acquired under the [47][Indian Limitation Act, 1877,       Part IV,] nor shall the [48][Provincial Government] be bound to       supply any person with water except in accord Nance with the       terms of a contract in writing.

No right acquired by user;

33.       If water supplied through a water-course be used in unauthorized manner, and if the person by whose act or neglect such use has occurred cannot be identified,

Liability when person using unauthorisedly cannot be identified.

34.       If water supplied through a water course be suffered to run to waste, and if, after enquiry by the Divisional Canal Officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water course shall be jointly liable for the charges made in respect of the water so wasted.

Liability when water runs to waste.

35.       [49][1] All charges for the unauthorized use or for waste water may be recovered in addition to any penalties incurred on account of such use or waste.

Charges recover able in addition to penalties.

36.   The rates to be charged for canal-water supplied for purposes charge on of irrigation to the occupiers of land shall be determined  by the Sow rules [50][to be made by the [51][Provincial Government], and  such occupiers as accept the water shall pay for it accordingly.

Charge on occupier for water, how determined,

            A rate so charged shall be called the "occupier's rate".
[52][The rules hereinbefore referred to may prescribe and deter-“occupier’s rate” mine what persons or classes of persons are to be deemed to be occupiers for the purposes of this section, and may also determine the several liabilities, in respect of the payment of the occupier's rate of tenants and of persons to whom tenants  may have   sublet  their lands or of  proprietors and of persons to whom   proprietors  may have let the lands   held by them in cultivating occupancy.]

“Occupiers rate”

37.       In addition to the occupier's rate, to be called the  "owner's rate" may be imposed, according to rules1 to be made by the [53][Provin­cial Government], on the owners of canal-irrigated lands, in respect of the benefit which  they derive from such irrigation.

Owners rate

38.       The owner's rate shall not exceed the sum   which, under the rules for the time being in force for the assessment of land-revenue, might be assessed on such land on   account of the increase in the annual  value or produce  thereof caused  by the  canal-irrigation. And, for the purpose of this section only, land which is permanently settled or held free of revenue shall be considered as though it were temporarily   settled and liable to payment   of   revenue.

Amount of owners rate.

39.       No owner's rate shall be chargeable either on the   owner or occupier of land temporarily assessed to pay land-revenue at irrigation-rates, during the currency of such assessment.

Owners rate when not chargeable,

            40 to 43. [When occupier to pay both rates: apportion­ment of owner's when owner to pay owner's rate : effect of introduction of canal-irrigation on landlord's right to enhance.} Rep. by the Punjab Tenancy Act, 1887 (XVI 1887), s. 3 and Sch.

Owners rate when not chargeable,

44.       Where a water-rate is charged on land   held by several joint Water-rate   by owner's it shall be payable by the manager or other persons who receives the rents or profits of such land, and may be deducted by him land held be from such rents or profits before division,    or may be recovered by -him from the persons liable to such rate in the manner customary in the   recovery of other charges on such rents or profits.

Water rate by whom payable when charged on land held be several owners,

45.       Any sum lawfully due under this Part, and certified  by the Divisional Canal Officer to be so due which remains unpaid after the day on which it becomes due shall be recoverable by the Collector from the person liable for the same as if it were   an arrear of land-revenue.

Certified dues recoverable as land revenue.

46.       The Divisional Canal Officer or the Collector, may enter into an agreement with any person for the collection and payment to the [54][Provincial    Government] by such person   of any sum payable under this Act by a third party.

Power to contract for collection of canal dues,

47.       The Collector may  require the lambardar, or person  under engagement to pay the land-revenue of any estate, to collect and pay any sums payable under this Act by a third party, in respect of any land or water in such estate.

Lambadarsmay be required to collect canal dues.

48.       Nothing in sections 45, 46 or 47 applies to fines.

Finance excluded from sections 45 46, 47.

49.       Any vessel entering or navigating  any canal contrary to the Detained of rules made in that behalf by the [57][Provincial Government] or so as to cause danger to the canal or the other  vessels therein, may be removed or detained, or both removed and detained, by the Divisional Canal Officer, or by any other person duly authorized in this behalf.

Finance excluded from sections 45 46, 47.

            The owner of any vessel causing damage to a canal, or removed or detained under this section, shall be liable to pay to 2[the Provincial Government] such sum as the Divisional Canal Officer, with the approval of the Superintending Canal Officer, determines to be necessary to defray the expenses of repairing such damage or of such removal or detention, as the case may be.

Detainer of vessels violating rules.

50.       Any fine imposed   under   this  Act   upon    the owner         Recovery of fines of any vessel, or the servant or agent of such owner or other person £    a in charge of any vessel, for any offence in respect of the navigation, of such vessel, may be recovered either in the manner prescribed by the Code of Criminal Procedure or, if the Magistrate imposing the fine so directs, as though it were a charge due in respect of such vessel.

Recovery of tines for offences in navigating canals,

51.       If any charge due under the provisions of this part in respect of any vessels not paid on demand to the person authorized to collect o£ faïence the same, the Divisional Canal Officer may seize and   detain such charges. vessel and the  furniture thereof,  until the charge so due, together with ail expenses and additional charges arising  from such seizure and detention, is paid in full.

Power to seize and detain vessel on failure to pay charges.

52.       If any charge due under the provisions of this Part in respect of any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a.

Power to seize cargo or goods, thereon are not paid.

53.       Within a reasonable time after any seizure under section 5 J r or section 52, the said Canal Officer shall give notice to the owner or person in charge of the property seized that it, or such portion of it as may be necessary, will, on a day to be named in the notice, but not sooner than fifteen days from the date of the notice, be sold in satisfaction of the claim on account of which such property was seized, unless the claim be discharged before the day so named.

Procedure for recovery of such charges after seizure.

54.       If any vessel found abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or
warehouses occupied for the purposes of a canal, be left unclaimed for a period of [58][l 5 days] the Divisional Canal Officer may take possession of the same.

Procedure for recovery of such charges after seizure.

54.       If any vessel found abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or
warehouses occupied for the purposes of a canal, be left unclaimed for a period of [59][l 5 days] the Divisional Canal Officer may take possession of the same.

Procedure for recovery of such charges after seizure.

            The said vessel and its contents, and the said cargo or goods if unsold, or, if a sale has taken place, the proceeds of the sale, after paying all tolls, charges and expenses incurred by the Divisional Canal Officer on account of the taking possession and sale, shall be made over to the owner of the same, when his ownership is established to the satisfaction of the Divisional Canal-Officer.

Disposal of proceeds of sale.

55.       Whenever it appears to the [60][Provincial Government] that injury to any land or the public health or public convenience has arisen or may arise from the obstruction of any river, stream or drai­nage-channel, such Government may, by notification published in the Official Gazette, prohibit, within limits to be defined in such notification the formation of any obstruction, or may, within such limits, order the removal or other modification of such obstruction.

Power to prohibit obstructions or order their removal.

56.       The Divisional Canal Officer, or other person authorized by the [61][Provincial Government] in that behalf, may, after such publication issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.

Procedure for recovery of such charges after seizure.

57.    Whenever it appears to the [62][Provincial Government] that any drainage-works are necessary for the improvement of any lands,or for the proper cultivation or irrigation thereof, or that protection from floods or other accumulations of water, or from  erosion by a river, is required for any lands, the [63][Provincial Government] may cause a scheme for such drainage-works to be drawn up and publish­ed,   together with an estimate of its cost[64][   *        *        *], and a schedule at the lands which it is   proposed to make chargeable   in respect  of the scheme.

Preparation of schemes for work of improvement.

58.       The person authorized by the   [65][Provincial Government] to "' draw up such scheme may exercise all or any of the powers conferred on   the   Canal   Officers   by   section   14.

Powers of person employed on such schemes.

[66][59].  An annual rate, in respect of such scheme, may be charged, according to rules to be made by the Provincial Government, on the owners of all lands which shall, in the manner prescribed by such rules, be determined to be so chargeable;

Rate on land benefited by works.

60.       Any such drainage rate may be collected and recovered in manner provided by sections 45, 46 and 47 for the collection and recovery of water-rates.

Recovery of rate.

61.       Whenever, in   pursuance of a notification made under section 55, any obstruction is removed or modified, or whenever any drainage work is carried out under section 57,

Disposal of Claims to compensation,

            No such claim shall be entertained after the expiration of one year from the occurrence  of the loss complained of, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

Limitation of such claims,

63.       For the purposes referred to in this part, the word "labou­rer" includes persons who exercise any handicraft specified in rules to be made on that behalf by the [67][Provincial Government].

Definition of labourer,

64.       In any district in which a canal or drainage-work is constructed, be maintained or protected by [68][Provincial Government] may if it thinks by fit direct the Collector— "

Power to prescribe number of labourers to be supplied by persons benefited by canal,

65.       Whenever it appears to a Divisional Canal Officer duly authorized by the [69][Provincial Government] that, unless some work is immediately executed, such serious damage will happen to any canal or driange-work as to cause sudden and extensive public injury,

Procedure for obtaining labour for works urgently required.

66.       When any requisition has been made on any person named !" in the said list, every labourer ordinarily resident within the village or estate of such person shall be liable to supply, and to continue to supply ,.his labour, for the  purposes aforesaid.

Liability of laborers under requisition,

67.    Except  where herein otherwise provided, all claims  against [74][the: Provincial Government] in respect of anything done under this Act may be tried by the Civil Courts; but no such   Court   shall in any case pass an order as to the supply of canal-water to any  crop sown or growing at the time of such order.

Jurisdiction under this Act of Civil Court,

67.    Except  where herein otherwise provided, all claims  against [75][the: Provincial Government] in respect of anything done under this Act may be tried by the Civil Courts; but no such   Court   shall in any case pass an order as to the supply of canal-water to any  crop sown or growing at the time of such order.

Jurisdiction under this Act of Civil Court,

“[76][68.  (1)Whenever a difference arises between two or more persons with regard to their mutual rights and liabilities in respect of the of use, construction or maintenance of a water-course any such  person may apply in  writing the      [77][Divisional Canal Officer] stating the   matter   in   dispute.    Such   officer    shall    thereupon     give notice to the other persons interested that, on a day to be named in such notice, he will proceed to inquire into  the said matter, and after such inquiry, he shall pass his   order thereon, unless he trans­fers (as he is hereby empowered to do) the matter to the Collector, who shall there upon inquire into and pass his. order on said   matter.

Settlement of difference as to mutual rights and liabilities of persons interested in the use of water from a canal outlet.

69.    Any officer empowered   under this   Act to conduct  any      Power to sum-inquiry may exercise all such powers connected with the summon-ing and examining of witnesses as are conferred   on Civil Courts by the Code of Civil Procedure, and   every such inquiry shall be deemed a judicial proceeding.

Power to summon and examine witnesses.

70.    Whoever, without   proper   authority   and  voluntarily, does any   of the   following,   acts that is to say:-

Offences under the Act.

71.       Nothing herein contained shall prevent any person from being prosecuted under any other law for any offence punisable under this Act:

Saving of process under other laws.

72.       Whenever any person is fined   for an offence under this Act, the Magistrate may direct that the   whole or any part   of such fine may be paid by way of compensation to the   person injured by such offence.

Compensation to person injured.

73.       Any person in charge of or employed upon any canal or drainage-work may remove from the lands or buildings belonging thereto,  or may take into custody    without a warrant and take forthwith before a Magistrate or to the nearest police-station, to be dealt with according

Power to arrest without warrant.

74.    In this Part, the word "canal" shall (unless there be something repugnant in the subject or context) be deemed to include also all lands occupied by [84][the Provincial Government] for the purposes of canals, and all buildings, machinery, fences,  gates and other erections, trees, crops, plantations or other produce occupied by or belonging to "[the Provincial Government] upon such lands.

Definition of 
“Canal”

75.       The [85][Provincial Government] may, from time to time [86][   *    *    *] make rules  [87][to regulate the following matters] :--

Power to arrest with out warrant.

            The [90][Provincial Government] may from time to time [91][   *    * *] alter or cancel any rules so made.

Publication of rules.