THE PUNJAB MINOR CANALS ACT, 1905.

PUNJAB ACT III OF  1905

CONTENTS.

CHAPTER— I.

PREAMBLE.

PRELIMINARY.

SECTIONS.

1.         Short title and local extent.

2.         Operation of Act.

3.         Definitions.

CHAPTER—II.

CONSTRUCTION OF CANALS AND WATER-DUES.

4.         Prohibition against construction of canals without permission.

5.         Application for permission and procedure thereon.

6.         Power of Collector to construct canal from notified source of supply.

7.         Power to prohibit the unauthorised construction of and to close       unauthorised canal.

8.         Water-dues.

CHAPTER---III.

PROVISIONS APPLICABLE TO CANALS UNDER SCHEDULE-I

9.         This Chapter applicable only to canals under Schedule-I.

10.       General powers of Collector.

11.       Power of Government to suspend or extin­guish rights in      or over             any scheduled canal on payment of compensation.

12.       Power to enter and survey, etc.

            Power to clear land.

            Power to inspect and regulate water supply.

            Notice of intended entry in to houses.

            Compensation for damage caused by entry.

13.       Power to enter for repairs and to prevent accidents.

            Compensation for damage to land.

14.       Power to occupy land adjacent to canal for depositing soil from      canal and to excavate             earth for repairs to the banks and       compensation for damage.

15.       Supply of water through intervening water-course.

16.       Application for construction of new water-course.

17.       Procedure of Collector thereupon.

18.       Application for transfer of existing water-course.

            Procedure thereupon.

19.       Inquiry into, and determination of, objections to construction or      transfer of water-courses.

20.       Expenses to be paid by applicant for construction or transfer of       water-course before             receiving occupation.

            Procedure in fixing compensation.

            Recovery of compensation and expenses.

21.       Conditions binding on applicant placed in occupation.

22.       Construction of outlets from canals by Collector.

23.       Power to convert several water-courses running for a long distance side by side into one water-course.

24.       Procedure applicable to occupation for extensions and alterations.

25.       Costs of executing works under section 22 or section 23, by whom             payable.

26.       Power of Provincial Government to direct supply of labaur by         irrigators.

27.       Powers of Collector upon issue of notification under section 26.

27-A.   Power of Provincial Government to levy special cess.

28.       Power to prepare record for canal.

29.       Levy of water rates.

30.       Liability when person using unauthorisedly cannot be identified.

31        Liability when water runs to waste.

32.       Charges recoverable in addition to penalties.

CHAPTER—IV.

PROVISIONS APPLICABLE TO CANALS INCLUDED UNDER SCHEDULE-II.

33.       This Chapter applicable only to canals under Schedule-II.

34.       Power of the Collector, in certain cases, to declare or appoint a manager of a canal.

35.       Power of Provincial Government to apply the provisions of section 28 to any canal.

36.       Power to assume control or management, or both, of a canal.

37.       Right of owner, upon such assumption, to demand that the canal shall be acquired by the Government.

38.       Power to acquire canal on demand of the owner.

39.       Power to fix the limits of irrigation and water-rates and to regulate the distribution of water.

40.       Collection, in certain cases, of water-rates of a canal by the Provincial Government.

CHAPTER-V.

PROVISION APPLICABLE TO ALL CANALS

41        This Chapter applicable to all canals.

42.       Consent or decision of the owner how to be determined.

43.       Settlement of disputes.

44.       Acquisition of land for canals.

45.       Power to acquire canal by consent or otherwise.

46.       Notice as to claims for compensation.

47.       Inquiry into claims.

            Limitation of claims.

48.       Vesting of canal in Government.

49.       Power to regulate flow of water in rivers, creeks, natural channels or lines of natural drainage and to prohibit therein or order removal there from of obstructions.

50.       Power to remove obstruction after publication of noti­fication, and payment of compensation.

51.       Power of the Collector to regulate flow of water and prohibit or remove obstructions.

52.       Powers as to the construction and maintenance of works in respect of canals under Schedule-II.

53.       Powers as to construction and maintenance of works in respect of canals under Schedule-I.

54.       Power to take possession and to construct works in cases of emergency.

55.       Assessment of compensation.

56.       Compensation for right of user or in the form of a supply of water.

57.       Apportionment and recovery of the cost of land acquired or works executed.

58.       Power to regulate mills.

59.       Application of Sections 13 to 16 of Land Revenue Act.1887.

60.       Exclusion of jurisdiction of Civil Court except under Land Acquisition Act.

61.       Power to appoint officers to exercise functions under this Act.

62.       Powers of Collector in certain proceedings under the Act.

63.       Permission to owners and parties interested in any canal to object in certain cases.

64.       Mode of serving notices and making proclamations.

65.       Bar of compensation where not expressly allowed.

66.       Protection of persons acting under the Act.

67.       Government to be party to certain suits and proceedings.

            Bar of other suits against Provincial Government.

68.       Power to recover water dues, water-rates and other charges by revenue process.

69.       Powers as regards canals, creeks, situate partly without the limits of the Khyber Pakhtunkhwa.

70.       Powers exercisable in cases of urgency with regard to canals situate beyond the Khyber Pakhtunkhwa.

71.       Offences under the Act.

71-A.   Procedure in trial of cases under Act III of 1905.

72.       Power to arrest without a warrant.

73.       Definition of “canal” for purposes of sections 71 and 72.

74.       Power to make rules.

75.       Repeal.

SCHEDULE-1.

SCHEDULE-II

THE PUNJAB MINOR CANALS ACT, 1905.

[1]PUNJAB ACT III OF 1905.

1st June, 1905.

An Act to make better provision for the control, and management of minor canals in the [2]Khyber Pakhtunkhwa.

whereas it is desirable to make better provision for the exercise of control over and for the regulation of the management of certain minor canals in the [3][Khyber Pakhtunkhwa]

It is hereby enacted as follows:—

CHAPTER-I.

PRELIMINARY.

            (2) It shall extend to the whole of the [4][Province of the Khyber Pakhtunkhwa].

            (2) At any time after the commencement of this Act, the [5][Provincial Government] may, from time to time, by notification—

(a)   Include any canal under either Schedule I or Schedule II, as the case may be, or transfer a canal from one Schedule to the other Schedule, and there­upon the provisions of this Act applicable to canals included under such Schedule, or such of the said pro­visions as the [6][Provincial Government] may direct, shall apply to such canal; or

(b)   exclude from the operation of this Act, any canal which now is, or hereafter may be, included under either Schedule 1 or Schedule-II:

Provided that no canal shall be included under Schedule I, unless.

(a)   It is owned in whole or in part by the [7][Provincial Government,] or

(b)      is, at the commencement of this Act, managed by [8][servants of the state] or by any local authority, or

(c)       is situate partly within and partly without the territories to which this Act extend, or

(d)      has been included under Schedule II and is transferred to Schedule I [9][by direction of the Provincial Govern­ment].

            (3) [10]The Northern India Canal and Drainage Act, 1873, shall not apply to any canal which is for the time being   included under either Schedule I or Schedule 11.

(i)              “Record-of-Rights” and “Revenue Officer” have the meanings assigned to them respectively in the [11]Punjab Land Revenue Act, 1887;

(ii)            “Canal” means any canal, natural or artificial channel or line of natural drainage or any reservoir, dam or embankment constructed, maintained or, controlled for the supply or storage of water or the protection of land from flood or sand, and includes any watercourse or subsidiary works as defined in this section;

(iii)          “Collector” means the head revenue-officer of a district, and includes any officer appointed under this Act, to exercise all or any of the powers of a Collector;

(iv)          “[12]Commissioner” means a [13][Commissioner] and in­cludes any officer appointed under the Act to exercise all or any of the powers of a Commissioner;

(v)            “Construction” and “construct” include any alteration which would materially extend the area irrigable by a canal or any other alteration of material importance or the renewal of a canal after disuse for six years, but do not include the re-excavation of a canal head which has been tempo­rarily abandoned owing to a change in the river, the excavation of a new head necessitated by a change in the river or a change of water-courses to render existing irrigation more efficient;

(vi)          “Creek” means any channel of a river other than the main channel through which the water of the river would, unless obstructed by deposit of silt, naturally flow at some period of the year;

(vii)        “District” means a district as fixed for revenue purposes;

(viii)      “irrigator” means in respect of any land which is irrigated from a canal any person for the time being directly deriving benefit by such irrigation, and in­cludes a land-owner or occupancy tenant of such land;

(ix)          “Labour” includes labourers, cattle and appliances necessary for the execution of the work for which labour is to be supplied;

(x)            “Mill” means any contrivance whereby the water power of any canal is used for grinding, sawing or pressing, or for driving or working machinery or for any other similar purpose, and includes all subsidiary works and structures connected with any such contrivance except the canal itself;

(xi)          “Subsidiary works” means all works required for the control or maintenance of the supply to a canal or for the maintenance of a canal in proper condi­tion or for the regulation of the irrigation therefrom or for the prevention of floods or for the provision of proper drainage, in connection with such irriga­tion, and include also the land required for such works;

(xii) “Water-course” means any channel which is supplied with water from a canal and which is maintained at the cost of the irrigators, and inclu­des all subsidiary works connected with such channel except the sluice or outlet through which water is supplied to such channel;

(xiii) “Water-due” means whatever is payable to Govern­ment in cash or kind by the owner of a canal for the diversion by such owner for the purposes of such canal of the water or any river, creek or stream flowing in a natural channel or of any lake or other natural collection of water;

(xiv) “Water-rate” means the charge made for canal water, other than a water-due or canal advantage land-revenue rate.

CHAPTER-II.

CONSTRUCTION OF CANALS AND WATER DUES.

            Provided that nothing in this section shall apply to The cons­truction of a water-course from an existing canal.

            (2) Every application under sub-section (I).shall be in such form and shall contain such particulars as the [16][Provincial Government] may prescribe in that behalf.

            (2) If no objection to the construction of such canal shall have been preferred within a period to be specified in the notice under sub-section (1), or if any such objection has been preferred within the said period, but has been finally overruled, the Collec­tor may proceed to construct such canal.

            (3) The provisions of sections 50 and 63 shall apply to all proceedings of the Collector under sub-section (1) of this section and under the preceding section, and the powers conferred upon the Collector by this and the preceding section shall be exercised subject to such sanction as the [18][Provincial Government] may pres­cribe and in accordance with the rules made by such Government.

            Provided that, unless in the case of a construction which would materially extend the area irrigable by a canal, no such order or proclamation, as the ease may be, shall be made or issued in respect of any canal which, at the time when it is proposed to make or issue such order or proclamation, has been used for irrigation for a period of three years without interruption other than such as was due to natural causes beyond the control of the person aforesaid.

            (2) If any person shall, at any time after the commence­ment of this Act construct a canal without the permission necessary under sections 4 and 5 of this Act, the Collector may, with the pre­vious sanction of the [19][Provincial Government] close it and shut off the supply of water thereto, and may further, by order in writing, prohibit such persons, and by general proclamation, all other persons, from maintaining, repairing or renewing such canal or continuing to use the water thereof.

(i)           Canals made after the commencement of this Act;

(ii)         Canals made before the commencement of this Act.—

(a)          When the right to, or question of, water-dues has been expressly reserved by such Government, or

(b)         When the conditions upon which the owner of the canal has been allowed to use the water have been agreed on for a term and that term has expired, or

(c)          When such water-dues were already levied, at the commencement of this Act, or

(d)         [21][When the owner of the canal has agreed in writing to pay such water dues].

            (2) The demand on account of water-dues shall be assessed for a term of years, and shall be limited to an amount not exceeding one-quarter of the net profits which are likely to accrue to the owner of the canal during that term.

CHAPTER—III

PROVISIONS APPLICABLE TO CANALS UNDER
SCHEDULE-I

(a)     exercise all powers of control, management and direction for the efficient maintenance and working of such canal or for the due distribution  of the water thereof: and

(b)     Whenever and so long as any water-course, sluice or outlet is not maintained in proper customary repair, or any water-course, sluice or outlet through which water is supplied to any person, or, in the case of a sluice or outlet, to any water-course or any person, is subjected to wilful damage or wrongful enlargement, stop the supply of water to such water-course, sluice or outlet or to any person.

            (2) No claim shall be enforceable against the [23][Provincial Government] for compensation in respect of loss caused by any order passed under sub-section (1), but any person suffering loss by reason of any order passed under sub-section (1) (a) may claim such remission of the ordinary charges payable for the use of the water as is authorised by the [24][Provincial Government]:

            Provided that if any right to water entered   in  a record of rights prepared or revised under section 28 (1) or deemed  under section 28 (3) to have been made under this Act or admitted in any agreement between the [25][Provincial Government] and any person is substantially diminished in consequence of action taken under sub-section (1) (a) the Collector shall award compensation under section 55 to such person in respect of the diminution of this right.

            (3) No right to the use of the water of canal shall be, or be deemed to have been acquired under the [26]Indian Limitation Act, 1877, (XV of 1887) nor shall the [27][Provincial Government] be bound to supply any person with water.

            (2) In every such case the [29][Provincial Government] shall cause to be paid to the person whose right is suspended or extin­guished, compensation to be assessed by the Collector under section 55. In assessing compensation for the purpose of this section, the Collector shall also have regard to the character of the right, the period during which it has been enjoyed and the damage likely to be occasioned by its suspension or extinction.

            and make and set up suitable land-marks, level-marks and water-gauges;

          and do all other Acts necessary for the proper prosecution of any inquiry relating to any existing or projected canal under the charge of the said Collector.

(b)      excavating from it earth for repairs to the canal.

            The Collector shall, upon application made to him in this behalf, assess and pay compensation for any damage which may be occasioned by any proceeding under this section.

            (2) The owner of any land which has been occupied after the commencement of this Act for any purpose under sub-section (1) and has remained in such occupation for a period exceeding three years may require that such land shall be permanently ac­quired in accordance with provisions of section 44.

            The applicant shall not be entitled to use such water­course until he has paid the expense or any alteration of such water-course necessary in order to his being supplied through it, and also such share of the first host of such water-course as the Collector may determine.

            Such applicant shall also be liable for his share of the cost of maintenance of such water-course so long as he uses it.

(i)  that he has endeavoured unsuccessfully to acquire, from the owners of the land through which he desires such water-course to pass, a right to occupy so much of the land as will be needed for such water-course;

(ii) that he desires the Collector, in his behalf and at his cost, to do all things necessary for acquiring such right;

(iii) that he is able to defray all costs involved in acqui­ring such right and constructing such water-course.

(i)     that the construction of such water-course is ex­pedient; and

(ii)               that the statements in the application are true, he shall call upon the applicant to make such deposit as the Collec­tor considers necessary to defray the cost of the preliminary pro­ceedings, and the amount of any compensation which he consid­ers likely to become due under section 20;

and, upon such deposit being made, he shall cause enquiry to be made into the most suitable alignment for the said water-course, and shall mark out the land which, in his opinion, it will be necessary to occupy for the construction thereof, and shall forthwith publish a notice in every village through which the water-course is proposed to be taken, that so much of such land as belongs to such village, has been so marked out.

(i)           that he has endeavoured unsuccessfully to procure such transfer from the owner of such water-course;

(ii)     that he desires the Collector, in his behalf, and at his cost, to do all things necessary for procuring such transfer;

(iii)    that he is able to defray the cost of such transfer.

(a)          that the said transfer is necessary for the better mana­gement of the irrigation from such water-course, and

(b)         that the statements in the application are true, he shall call upon the applicant to make such deposit as the Collector considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provis­ions of section 20 in respect of such transfer; and, upon such deposit being made, he shall  publish a notice of the application in every village effected.

            (2) Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute or the objection as the case may be.

(a)                In all cases,

First-:              All works necessary for the passage across such water course or water-courses existing previous to its construction and of the drainage intercepted by it, and for affording proper, communication across it for the convenience of the neighbouring lands, shall be cons­tructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Collector.

Second—:        Land occupied, for a water-course under the provi­sions of section 17 shall be used only for the purposes of such water-course.

Third-:             The proposed water-course shall be completed to the satisfaction of the Collector within one year after the applicant is placed in occupation of the land.

(b)     In cases in which land is occupied or a water-course is transferred, on the terms of a rent-charge.

Fourth—:        The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determined by the Collector when (the applicant is placed in occupation.

Fifth-:              If the right to occupy the land ceases owing to a breach of any of these rules, the liability to pay the said rents shall continue until the applicant or his representative in interest has restored the land to its original condi­tion, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such person as the Collector determines.

Sixth-:              The Collector may, on the application of the person entitled to receive such rent or compensation, deter­mine the amount of rent due or assess the amount of such compensation; and if any such rent or compensa­tion be not paid by the applicant or his representative in interest, the Collector may recover the amount, with interest thereon at the rate of six per cent, per annum from the date on which it became due, and shall pay the same, when recovered, to the person to whom it is due.

            (2)   If any of the rules and conditions prescribed, by this section are not complied with, or if any water-course constructed or transferred under this Act is disused for three years continu­ously, the right of the applicant, or of his representative in interests, to occupy such land or water-course shall cease absolutely.

            (2)  If the owners fail within such time as the Collector may fix to comply with any order passed by him under sub-section (1) the Collector may himself execute the work.

            (3) Whenever a water-course has been reconstructed of a new system substituted under sub-section (1) or sub-section (2) , the Collector may fix the shares, in which the water shall be en­joyed by the persons entitled to use the water-course.

(a)    Whenever such irrigators are bound, by a condition entered in the record-of-rights of such canal or canals or of estates supplied with water therefrom or by es­tablished custom, to furnish such labour, or

(b)   Whenever the land-owners who are responsible for the payment of more than half the land revenue assess­ed on the land irrigated from such canal, or canals, agree to undertake to supply such labour.

(a)    determine the amount of labour to be provided or the amount of work to be performed by each irrigator;

(b)   regulate the attendance, distribution and control of the labourers provided or the manner of the perfor­mance of the work;

(c)    assess and recover the cost of such labour from any person who fails to comply with an order passed under this section; and

(d)   fund all costs so recovered and expend them on the provision of hired labour for any of the canals to which the notification applies, or subject to the provi­sions, if any, of a record-of-rights specified in section 26, or section 28, on any other purpose connected with the well-being thereof:

            Provided that the cost assessed as aforesaid shall not exceed one rupee for each day's labour of each of the labourers in respect of whom default has occurred.

            (2)  When a notification has been issued under section 26 in respect of any scheduled canal, the [33][Provincial Government] may by notification direct that cost of any establishment which it may be necessary to maintain for the control and management of the canal shall be recovered from the irrigators from the canal or from any class of such irrigators by means of a rate of such amount as may be specified in the notification.

            (3)  The rate imposed under sub-section (2) shall be assess­ed by the Collector on the basis of the land revenue assessed or assessable on such lands of the said irrigator or class of irrigators as are irrigated from the canal and shall be recoverable as an arrear of land revenue.

            (4)  The [34][Provincial Government] may direct that the proceeds of the rate imposed under sub-section (2) shall be credited to the fund formed under sub-section (1), clause (d)].

            (2)  A cess imposed under sub-section (1) shall be recover­able as an arrear of land revenue and shall be credited to the fund formed under section 27, sub-section (1), clause (d).

            (3) Where any cess is levied under sub-section (1) no separate rate shall be levied from the land owners or assignees of land revenue under section 27.

(a)    the custom or rule of irrigation;

(b)  the rights to water and the conditions on which such rights are enjoyed;

(c)  the rights as to the erection, repair, reconstruction and working of mills, and the conditions on which such rights are enjoyed; and

(d) such other matters as the  [38][Provincial Government] may by rule prescribe in this behalf.

            (2)  Entries in the record so prepared or revised shall be relevant as evidence in any dispute as to the matters recorded, and shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor:

            Provided that no such entry shall be so construed as to limit any of the powers conferred on the [39][Provincial Government] by this Act.

            (3) When a record showing all or any of the matters enu­merated in sub-section (1) has been framed at any settlement of the land revenue already sanctioned by the [40][Provincial Govern­ment] and has been attested by a revenue officer, such record shall be deemed to have been made under this section.

            (4) Every person interested shall be bound to furnish  to the Collector, or to any person acting under the direction of the Collector, all information necessary for the correct peparation of a record under this section.

            (5) The provisions of Chapter IV of the [41]Punjab Land Revenue Act, 1887, shall, so far as may be, apply to the prepara­tion and revision of every such record.

            (2) The [43][Provincial Government] may, by notification, also impose a special rate for water obtained or used without au­thority or in an unauthorised manner.

            (3) The rate or rates imposed under sub-section (1) or sub­section (2) shall be leviable from such persons deriving benefit from the water as the [44][Provincial Government] may, by general or special rule, direct.

            (4) Subject to the terms of any such agreement aforesaid, the proceeds of any rate or rates levied under this section be disposed of in such manner as the [45][Provincial Govern­ment] may, by general or special rule, direct.

The person on whose sand such water has flowed if such land has derived benefit therefrom.

or, if such person cannot be identified, or if such land has not derived benefit there from, all the persons chargeable in respect of the water supplied through such water-course,
Shall be liable or jointly liable, as the ease may be to the charges made for such use.

            All questions under section 30 or section 31 shall be decided by the Collector.

CHAPTER   IV

PROVISIONS APPLICABLE TO CANALS INCLUDED
UNDER SCHEDULE II

(a)       if the owner of such canal consents thereto, and subject to the condition (if any) on which such consent may in any case be given;

(b)      if, after inquiry, the [50][Provincial Government] is satis­fied that the control or management exercised by or on behalf of the owner is such as causes grave injury to the property or health of persons owning lands in the vicinity;

(c)       in the event of any wilful and continuous breach of orders issued under section 39 of this Act.

            (2)  When the control or management, or both, of any canal is assumed under the provisions of sub-section (1) the [51][Pro­vincial Government] may exercise all or any of the rights and powers in regard thereto which, but for such assumption, the owner might lawfully have exercised, and may delegate such powers or any of them to any person, but Government shall, in the absence of any decree or agreement to the contrary, be liable to account, from time to time to such owner for the income and expenditure thereof and may at any time restore the canal to the owner.

(b)         fixing, as it may deem equitable, the amount and character of the water-rates leviable by the owner, and the conditions on which such rates are to be paid, sus­pended, remitted or refunded;

(c)          regulating the supply and distribution of the water to and from such canal:

            Provided that if any land which has been continuously irriga­ted from the canal for three years previously is deprived of irriga­tion, or the income of the canal owner from such canal is materially reduced by reason of any orders passed under this section, the owners of such land or the canal owner shall be, paid by Government or by such persons as Government may determine such compensation as the Collector may consider rea­sonable:

            Provided further that, if the canal owner has in the opinion of the [55][Provincial Government] exercised his powers as such in an arbitrary or inequitable manner, he shall not be entitled to com­pensation under this section.

(a)          regulate such collection and determine the person by whom it shall be made;

(b)         direct that by way of payment for service rendered in making such collection, deductions shall be made not exceeding three per cent of the amount collected.

            (2)   During the period for which the [58][Provincial Government] has undertaken the collection of the water-rates leviable in respect of a canal, no suit for the recovery of any such rates shall be instituted.

CHAPTER—V.

PROVISIONS APPLICABLE TO ALL CANALS.

            In every such case the Collector shall give due consideration to the wishes of the share-holder or share-holders who possess, the larger interest, and when the question is one whether the Govern­ment shall be required to take any action, the wishes of such share­holder or share-holders shall prevail and be accepted by the Collector.

            (2)  Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute in the following manner, that is to say-

(a)          if the dispute relates to the owner-ship of a canal or the mutual rights of owners in the use of the water of such canal or the construction or maintenance of a canal or the payment of any share of the costs of such construction or maintenance or the distribution of the supply of water from a canal, the Collector shall proceed as a Revenue Court under the provisions of the [59][Punjab Tenancy Act, 1887, and the provision of that Act, regarding appeals, revisions and the provision of that Act, regarding appeals, revisions and reviews shall be applicable.

(b)         If the dispute relates to a water-course the Collector shall hear and determine the case as a revenue-officer and shall, make such order thereon as to him seems fit, and such order shall unless set aside on appeal to the [60][Commissioner] be conclusive as to the use or distribution of water for any crop sown or growing at the date of such order. The order of the [61][Commissioner] on appeal shall in every such case be final.

            (2) If the Collector is of opinion that the application should be granted, he shall submit it, with his recommendation, for the orders of the [63][Provincial Government].

            (3) If, in the opinion of the [64][Provincial Government] the application should, whether in whole or in part, be granted, it may declare that the land is required for a public purpose within the meaning of the [65]Land Acquisition Act, 1894, and direct the necessary action to be taken thereunder.

            (2) Subject to the award of compensation to the owner or person interested in the said canal, when the [71][Provincial Government] acquires a canal.-

(a)          the right, title and interest therein, of the owner thereof shall forthwith cease and determine;

(b)         such canal, subject to any rights to take water for irrigation which any person may have, shall forthwith vest in, and be the absolute property of, the [72][Provincial Government].

(a)          if the person to whom the order under sub-section (1) was issued fails to comply with that order within the time so fixed; and

(b)         in any case where the obstruction is not caused or controlled by any person.

            (3) The Collector shall determine from whom the cost of removing or modifying the obstruction shall be recovered, and the amount of compensation due to any person injuriously affected by the removal or modification of the obstruction and the person by whom such compensation shall be payable:

            Provided that no compensation shall be awarded for an advantage obtained by an arbitrary or inequitable course of action.

(b)         construct, repair and maintain in a proper state, a suitable bridge, culvert, or similar work at any place across, under, or over the canal for the purpose of providing communication with any public road or thoroughfare which was in use before the canal was made;

(c)          construct, repair and maintain, in a proper state, suitable works for the passage of the water of the canal across, under, or over any public road or thoroughfare or any canal or drainage or channel which was in use before the canal was made:

(d)         construct, repair and maintain, in a proper state, a suitable regulator at or near the head of the canal where, for want of such regulator, an excessive supply of water may enter the canal or cause damage to it, or any crops, land, roads or property in the neighborhood;

            “Canal” as used in this sub-section does not include “water-course”.

            (2) The Collector may at any time order the owner of a water-course to perform in respect of such water-course all or any of the acts which he may under sub-section (1) order the owner of a canal to perform in respect of the canal, and may direct the owner of the canal to cease supplying water to the water-course till the owner of the water course has water complied with the order.

            (3) Every order under sub-section (1) and (2) shall be in writing, and shall specify a reasonable time within which the works or repairs mentioned therein shall be completely executed.

            (4) If any order made under this section is not obeyed, to the satisfaction of the Collector, within the time therein specified, the Collector may himself execute or complete the execution of or cause to be so executed or completed, all works or repairs specified in the order.

(b)         himself arrange for the performance of such acts and recover the cost as provided in section 57.

            (2) When the Collector has taken possession of any land under sub-section (1) he shall, upon application made to him in this behalf, assess and pay compensation under section 55.

            (3) In the event of sudden and serious damage or urgent risk to a canal or to property, situate in the immediate neighborhood thereof, or to irrigation carried on therefrom, or to the public traffic, the Collector may, after giving previous notice, execute or cause to be executed such works as he may think necessary in order to remedy or prevent such damage or risk, and may require any irrigator to furnish such labour as to the said Collector may seem reasonable and necessary for the immediate execution of such works.

            (4) Labour furnished under this section shall be paid for at the local market rate.

            (5) An order passed under sub-section (3) and (4) shall be final.

            (2) In assessing the amount of compensation to be paid under any section of this Act, other than sections 12,14,21,39 and 50, the Collector shall proceed under the provisions of the [79]Land Acquisition Act, 1894, and the provisions of that Act, regarding inquiries and award by the Collector, references to the Civil Court and procedure thereon, apportionment of compensation, payment and appeals, shall, as far as may be, applicable to all proceedings under this section.

(a)          if the canal is included under Schedule II, from the owner thereof; or

(b)         if the canal is included under Scheudle1, from the irrigators or such of them as are, in the opinion of the Collector, benefited or likely to be benefited by the acquisition or equitable liable for the whole or any part of the cost of executing the work or from the proceeds of any water-rate levied under section 29; and

(c)          if such appropriation is not contrary to the provisions of the record-of-rights specified in section 28 of this Act, for the land referred to in section 27 of this Act.

            (2) When the cost of acquiring any land or of executing any work is, under the provisions of sub-section (1), recoverable from the owner of any canal or from the irrigators therefrom, or any of them, it shall be lawful for the Collector to apportion such cost as to him may seem equitable, among all or any of the persons liable for the whole or any portion thereof and such apportionment shall be final.

            (3) When the cost of acquiring such land has been paid, such land, if acquired in full proprietary right, shall become the property of the canal owner.

            (2) Such appointment may be made in respect of any canal or of all or any of the canals, situate within any specified local area.

            (3) In all matters connected with this Act, the [88][Provincial Government] shall have and exercise over the [89][Commissioner] the [90][Commissioner and the Collector], and the [91][Commissioner] shall have and exercise over the [92][Commissioner and the Collector and the [93][Commissioner] shall have and exercise over the Collector, the same authority and control as it or they respectively have and exercise over them in the general and revenue Administration.

(1)         damages, alters, enlarges, or obstructs any canal;

(2)         interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal;

(3)         interferes with or alters the flow of water in any river, creek, or stream so as to endanger, damage or render less useful any canal;

(4)         being responsible for the maintenance of any water-course or using a water-course, neglects to take proper precaution for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom or uses such water in an unauthorized manner;

(5)         corrupts or fouls the water of any canal so as to render it less fit for the purposes for the which it is ordinarily used;

(6)         being liable to furnish labour under this Act, fails, without reasonable causes, to supply or to assist in supplying the labour required of him;

(7)         being liable to supply labour under this Act, neglects, without reasonable cause, so to supply and to continue to supply labour;

(8)         destroys or removes any level-mark or water gauge fixed by the authority of a public servant;

(9)         passes or causes animals or vehicles to pass on or across any of the works, banks or channels of a canal contrary to rules made under this Act after he has been desired to desist there from;

(10)     disobeys any order or proclamation issued under this Act, or commits any breach of any rule made thereunder;

shall be liable on conviction before a Magistrate of such class as the [109][Provincial Government] directs in this behalf, to [110][imprisonment of either description not exceeding one year or to fine or to both]:

            [111][Provided that if the person committing such act or neglecting to take such precaution as is referred to in clauses (I) to (4) is not apprehended on the spot and cannot be indentified otherwise, the person on whose land water has flowed as a result of such act or neglect shall, if his land has derived benefit therefrom, be deemed, until the contrary is proved, to have committed such act or failed to take such precautions:

            Provided further that the above proviso shall not apply in cases of Rod Kohi System of irrigation in the Dera Ismail Khan District.

            Explanation-The person mentioned in the first proviso, shall, where the land is owned by a minor or women, include any adult male who may be incharge of the land on behalf of such minor or women].

(1)         willfully damages or obstructs any canal.

(2)         without proper authority interferes with the supply of, for flow of water in or from any canal or in any river or stream, so as to endanger, damage or render less useful any canal.

            (2) Without prejudice to the generality of the power conferred by sub-section (1), rules made under this Act, may provide for the levy of a rate imposed upon land in consideration of its protection from sand or flood.

            (3) All rules made under section (1) shall be so made after previous publication in the Gazette.

    [118][75.   The Peshawar Canals Regulation (1898) is hereby repealed].

[119]SCHEDULE I.

SCHEDULE-II.