Northern India Canal & Drainage Act, 1873

(Act VIII of 1873)

 

 

Contents

 

SN

Subject

PART I

Preliminary

  1.  

Short title  & Local extent

  1.  

Repeal of Act

  1.  

Interpretation clause

  1.  

Power to appoint officer

PART II

Of the Application of Water for Public Purposes

  1.  

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

  1.  

Powers of Canal Officers

  1.  

Notice as to claims for compensation

  1.  

Damage of which compensation shall not be awarded

  1.  

Limitation of claims

  1.  

Enquiry into claims and amount of compensation

  1.  

Abatement of rent on interruption of water supply

  1.  

Enhancement of rent on restoration of water supply

  1.  

Compensation when due

PART III

Of the Construction and Maintenance of Works

  1.  

Power to enter any survey etc

  1.  

Power to enter for repairs and to prevent accidents

  1.  

Omitted

  1.  

State Government to provide means of crossing canals

  1.  

Persons using water-course to construct work for passing water across road etc.-

  1.  

Adjustment of claims between persons jointly using water-course

  1.  

Supply of water through intervening watercourse

  1.  

Omitted

  1.  

Omitted

  1.  

Application for transfer of existing watercourse

  1.  

Objections to transfer applied

  1.  

When applicant may be placed in occupation

  1.  

Procedure when objection is held valid

  1.  

Procedure when Canal Officer disagrees with the Collector

  1.  

Expenses to be paid by applicant before receiving occupation

  1.  

Condition binding on applicant placed in occupation of water- course

  1.  

Omitted

30A

Preparation of Draft Scheme

30B

Publication of a scheme

30C

Publication of scheme

30D

******

30E

******

30F

******

30FF

******

30G

******

PART IV

Of the Supply of Water

  1.  

In absence of written contract water-supply to the subject to rules

  1.  

Condition as to

PART V

Of Water Rates

  1.  

Liability when person using unauthorisedly cannot be identified

  1.  

Liability when water runs to waste

  1.  

Charges recoverable in addition to penalty

  1.  

Charge on occupier for water how determined

  1.  

Owner’s rate

  1.  

Amount of owner’s rate

  1.  

Owner’s rate when not chargeable

  1.  

Repealed

  1.  

Repealed

  1.  

Repealed

  1.  

Repealed

  1.  

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

  1.  

Certified dues recoverable as land revenue

  1.  

Power to contract for collection of canal dues

  1.  

Lambardars may be required to collect canal dues

  1.  

Fines excluded from Sections 45,46, 47

PART VI

Of Canal Navigation

  1.  

Detaining of vessel violating rules

  1.  

Recovery of fines for offences in navigating canals

  1.  

Power to seize and detain vessel on failure to pay charges

  1.  

Power to seize cargo or goods, if charges due thereon not are paid

  1.  

Procedure for recovery of such charges after seizure

  1.  

Procedure in respect f vessels abandoned and goods unclaimed

PART VII

Of Drainage

  1.  

Power to prohibit obstructions or order their removal

  1.  

Power to remove obstructions after prohibition

  1.  

Preparation of scheme for works of improvement

  1.  

Power of persons employed on such scheme

  1.  

Rate on lands benefited by works

  1.  

Recovery of rate

  1.  

Disposal of claims to compensation

  1.  

Limitation of such claims

PART VIII

Of obtaining Labour for Canals and Drainage Work

  1.  

Omitted

  1.  

Omitted

  1.  

Omitted

  1.  

Omitted

PART IX

Of Jurisdiction

  1.  

Jurisdiction under this Act of Civil Court

  1.  

Power of Deputy Collector to order use or distribution of water

  1.  

Power to summon and examine withness

PART X

Of Offences and Penalties

  1.  

Offence under the Act

  1.  

Saving of prosecution under other laws

  1.  

Compensation to person injured

  1.  

Powers to arrest without warrant

  1.  

Definition of “Canal

PART XI

Of Subsidiary Rules

  1.  

Powers to make, alter and cancel rules

 

 

 

NORTHERN INDIA CANAL & DRAINAGE ACT, 1873

(Act VIII of 1873)

 

An Act to regulate Irrigation, navigation and Drainage in

Northern India

 

[Revised the assent of His Excellency the Governor – General on 11th February, 1873]

 

Whereas, throughout the territories to which this Act extends, 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 and other natural collections of still water ; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in te said territories ; It is hereby enacted as follows:-

 

 

PART I

Preliminary

1.        Short title – This Act may be called “the Northern India Canal and Drainage Act, 1873.

           Local extent. – It extends to Uttar Pradesh and territories which, immediately before the Ist November, 1956, were comprised in the States of Punjab and Delhi and applies to all lands whether permanently settled, temporarily settled or free from revenue.

Synopsis

1.                Power of review.

2.                Ex parte order.

3.                Appeal against agreed orders.

Commentary

 

1. Power of review. – Divisional Canal Officer has no power to review his own orders.

           Umed Singh v. State of Haryana, 1970 PLJ 503. (See also 1976 PLJ 257).

           2. Ex parte order – Ex parte orders passed under the Act can be set aside under inherent powers.

           Kali Ram v.  State, 1976 PLJ 257.

 

           3. Appeal against agreed orders – No appeal could lie against such an agreed order and the High Court fails to understand how the learned Divisional Canal Officer upset the order of the Deputy Collector by giving certain other reasons and ignoring the fact that the order was agreed between the parties. Apart from this, the final order has been passed by the Superintending Canal Officer and the same is in consonance with the rules in regard to the turn of water as mentioned in para 8 of the Appendix e of the Revenue manual of the Irrigation Branch of the P.W.D. Punjab. The learned counsel for the petitioner has, however, contended that these rules would not be applicable to the case of the present water-course was only a private water-course and the turn of water-course was originally fixed as a result of an agreement between the parties. If this is so it would be a Civil dispute between the parties for which the forum for settlement would neither be the Canal Authorities, nor this Court by way of writ petition.

           Balwant Singh v. State of Punjab and others, 1982 LLR 160=1981 PLJ 434.

 

2.                                Repeal of Act. – Repealed.

 

3.   Interpretation clause – In this Act, unless there be something repugnant in the subject of context :-

(1)   Canal – “Canal” includes –

(a) all canals, channels and reservoirs constructed, maintained or controlled by the State Government for the supply or storage or 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 river, stream, lake or natural collection of water or natural drainage channel, to which the State Government has applied the provisions of Part II of  this Act ;

           (e) a field drain for the purposes of section 70 of this Act.

           “(1-A) “temporary water-course” means a watercourse which has been in existence for a continuous period of not less than six months prior to the date of its demolition, alternation, enlargement or obstruction, but which may not be a recognised watercourse as hereinafter defined.”

           (2) Water-Course – “Water-course means any channel which is supplied with water from canal, but which is not maintained at the cost of the State Government, and all subsidiary works belonging to any such channels;

           (3)  Drainage work – “Drainage work” includes escape channels from a canal, dams, weirs, embankments, sluices, groins and other works for the protection of land from floods or from erosion, formed or maintained by the State Government under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns:

           (4) Vessel.- “Vessel” includes boats, rafts, timber and other floating bodies ;

           (5) “Commissioner”.- “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;

           (6) Collector.- “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 ;

           (7) Canal Officer.- “Canal Officer” means an officer appointed under this Act to exercise control or jurisdiction over a canal or any part thereof;

           “Superintending Canal Officer” means an officer exercising general control over a canal or portion of a canal;

           “ Divisional Canal Officer” means an officer exercising control over a Division of Canal;

           “Sub-Divisional Canal Officer” means an officer exercising control over a sub-division of a canal;

           “Deputy Collector” means an officer appointed as such by the State Government who assists the Divisional Canal Officer in revenue matters arising in a Division of a Canal.

           (8) District.-“District” means a district as fixed for revenue purposes.

           (9) “Shareholder”.- means a person who is interested in the land which is irrigated or likely to be irrigated by a canal and also includes a person who is interested in a field drain.

           (10) “Field drain” includes drains, escape channels and other similar works formed or maintained by landowners themselves.

           (11) “Culturable commanded area” means that portion of the culturable irrigated area which is commanded by a flow or lift irrigation from an irrigation channel, outlet or State tube-well.

Synopsis

1.                Water supplied from the canal.

2.                Maintenance of outlet.

3.                Person – when may be considered shareholder

4.                Commanded Area.

5.                Decision of Civil Court.

6.                ‘Every canal is not watercourse’.

7.                Natural drainage channel.

8.                Executive Engineer.

Commentary

1. Water supplied from the Canal.- Section 5 of the Act would show that if a particular work is covered under the definition of clause (d) of Section 3 of the Act, in that case a notification has to be issued by the State Government under section 5 and it is only than that the water supplied from the said work can be held to be water supplied from the canal and, therefore, Abiana can be levied under the provisions of the Act The case of the respondents that the present work is covered under the definition of clause (b) of Section 3 of the Act, appears to be untenable. The reading of the provisions of the Act would show that under clause (a) of Section 3 of the Act all canals, channels and reservoirs constructed, maintained or controlled by the State Government for the supply or storage of the water can be termed as canals within the meaning of the said section. Under clause (b) of section 3 of the Act, all works, embankments, structures, supply and escape channels connected with such canals, channels or reservoirs, can be termed as canals. It would thus be seen that under clause  (a) of section 3 of the Act, it is a necessary ingredient that a canal. Channel or a reservoir should have been constructed, maintained or controlled by the State Government for the supply or storage of water. In the present case, it is quite obvious that the work has been constructed  to drain out the water of the area and to throw the same in river Ghaggaer. It has not been constructed by the State Government for the supply or storage of water. Since clause (b) of Section 3 of the Act is necessarily connected with clause (a) of that section, therefore, the present work cannot be termed to be covered under the  definition of clause (b). It is the natural collection of the water which is being sought to be drained out from the work in hand and the said work can only be held to be a canal if the State Government has applied the provision  of Part II of the Act to the said work. It may be pointed out at this stage that realising the fallacy in the plea of the State Government to bring the project work in question under clause (b) of section 3 of the Act, the State Government subsequently became wiser and treated the work in question as one under clause (d) of Section 3 of the Act and made applicable the provisions of Part II of the Act to the  said work by issuing notification dated 17th May, 1973 which was to come into force on or after 1st November, 1973. The present work i.e., Dhikansu Bandh, has been mentioned at S.No. 209 in the said notification. From what has been stated, it is clear that the water supplied from the work in hand in question could not be made the basis for the charging of Abiana before Ist November, 1973. In all the writ petitions, the recovery of the Abiana pertains to the period to the period from 1970 to 1972, i.e., before the provisions of Part II of the Act were enforced as regards this work.

           Minhas Singh & Ors. V. State of Punjab & Ors. 1982 LLR 18=1982 PLJ 293=1982 RLR 84.

 

           2. Maintenance of outlet.- An outlet may be built and maintained at the cost of the State Government or may be constructed and built with the sanction and approval of the Canal authorities at the cost of the right-holder whose lands are to be fed by the water channel at the head of which the outlet is provided.

           Kundan Lal v. The Divisional Canal Officer, 1968 PLJ 324.

 

3.      Person – when may be considered shareholder.- In order that a person may be considered to be a shareholder entitled to ask for a scheme, all that is necessary is that he must be interested in the land which is irrigated or likely to be irrigated by a canal and not that his lands must be irrigated or likely to be irrigated from the water-course whose re-alignment he is seeking by such a scheme. It all depends on the facts and circumstances of each case and a right holder cannot be denied his locus standi to move the Divisional Canal Officer for a scheme on the sole ground that his lands are not being irrigated by that particular water-course.

 

           Joginder Singh v. Superintending Canal Officer, 1971 PLJ 3.

          

           4. Commended Area. – What is understood by ‘commanded area’ is that it receives water from a canal or an outlet etc.

           Pratap Singh v. Midha Singh, AIR 1974 Punjab 227=1973 PLJ 735=76 PLR 1 = 1974 Rev. LR 50.

 

           5. Decision of Civil Court.- Once a civil court has given a declaration that the choi in dispute belongs to the landowners and they have a right to irrigate their lands with the water flowing through this  choi without payment of abiana, the State Government  cannot without acquiring these rights impose abiana on the petitioners. The High Court allows  these petitions and restrain the respondents from interfering with the rights of the petitioners to irrigate their lands from this choi without payment of any abiana. This order shall, however, not stand in the way of the State Government to acquire the rights of the petitioners and then to impose abiana on them or on some other persons who are supplying land to this choi.

           Ram Singh and Ors. V. The State of Punjab & Anr., 1982 LLR 66=1981 PLJ 522 = 1981 PLR 757 = 1982 RLR 369.

 

           6. Every Canal is not water-course.- Every canal in Section 3 (1) is not a water course.

           Kundan Lal v. The Divisional Canal Officer and others, 1968 PLJ 324.

 

           7. Natural drainage channel.- The petitioners are receiving irrigation from the Tangari Chao. The water charges are being recovered for the use of water under the provisions of the Act. Proper notices were issued by the Canal Patwari before measuring the irrigated area and levying the water charges. The Tangori Chao is being maintained for irrigation purposes in order to safeguard the interest of the landowners, including those of the petitioners. The action of the respondents is being impugned in all the writ petitions primarily on the ground that the flow of rain water from the band which enters the field of the petitioners  cannot be made the basis for charging abiana as the Bench or the channel in question is not canal within the meaning of section 3 of the Act’. The case set up by the respondents in the return is that the work in question falls within the meaning of clause (d) of Section 3 of the Act, and, therefore, the demand made by the respondents is in accordance with law. Clause (d) of section 3 (1) of the Act envisages that if natural collection of water is sought to be drained out from the work in hand, the said work will be held to be a canal if the State Government had applied the provisions of Part II of the Act to the said work. The State Government has treated the  work as a canal under clause (d) of Section 3 (1) of the Act by applying provisions of Part II of the Act. Notification dated May 17, 1973 was issued to this effect and it came into force on or after November 1, 1973. The present work, i.e. Dhikansu Bandh is mentioned at serial No.209 of the said notification. Once the provisions of Part II of the Act have been applied to the natural collection of water or to the natural drainage channel, the work falls within the definition of clause (d) of Section 3(1) of the Act and is a ‘canal’ for the purposes of the Act for irrigation.

 

           Nikka Singh v. State of Punjab, 1989 (1) LLR 185.

 

           8. Executive Engineer.- Executive Engineer should be regarded as Divisional Canal Officer of the territory within his jurisdiction for purposes of Canal Act.

           Mukandi Ram Sant Ram v. Executive Engineer, Sangrur, 1986 Pepsu 40.

 

4.        Power to appoint officer.- The State Government may from time to time declare by notification in the Official Gazette 1[ the officer of the State Government or of  the Punjab State Tubewell Corporation Limited by whom] and the local limits within which all or any of powers or duties hereinafter conferred or imposed shall be exercised or performed.

           All officers mentioned in section three, clause (7) shall be respectively, subject to the orders of such officers as the State Government may from time to time directs.

 

Synopsis

1. Retrospective Legislation.

Commentary

 

           1. Retrospective Legislation.- The Legislature can legislate prospectively as well as retrospectively. The proposition does not hold good qua executive action like the notification under Section 4 of the Act. The notification dated November 2,1977 (R.3) appointing Mr. G.S. Bras as Divisional Canal Officer under the Act with effect from may 1,1975, will not have the effect of validating his actions taken by him be fore September 20, 1976. Mr. G.S.Brar was first appointed Divisional Canal Officer vide Notification dated September 20, 1976 (P.2). The impugned order P.3 was passed by Mr. G.S.Brar on July 7, 1976, when he was not duly appointed Divisional Canal Officer. The impugned order P.3 being ultra vires is liable to be set aside. The Superintending Canal Officers wrongly maintained the order P.3 in appeal vide order dated March 3, 1978 (P.6) For this reason the order P.6 also cannot be sustained.

           Gurbhagat Singh v. Superintending Canal Officer, 1984 (1) LLR 494=84 PLJ 96 = 84 SLJ 114.

 

PART II

Of the Application of Water for Public Purposes

 

5.        Notification to issue when water supply is to be applied for public purposes.- Whenever it appears expedient to the State Government that the water of any river of stream flowing in a natural channel or of any lake or other natural collection of still water should be applied or used by the State Government for the purposes of any existing or projected canal or drainage work, the State 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.

 

Synopsis

1.                Imposition of penalty.

2.                Assessment of water rate.

Commentary

 

           1. Imposition of penalty – The order imposing the penalty was passed on April 11, 1963 whereas the present suit was filed on July 29, 1965. The learned Additional District Judge found that limitation for filling the suit was one year as the suit was governed by Article 14 of the Limitation Act, 1908 (hereinafter called the Act) The learned counsel for the appellant how-ever, urged that the suit would fall under Article 120 of the Act and the limitation for filing the same would be six years from the date of the said order. The High Court is unable to agree with the contention of the learned counsel. Article 14 of the Act prescribes limitation of one year for setting aside an order of an officer of the government in his official capacity and this limitation commences, from the date of the said order. It is not disputed that the Canal Authorities had jurisdiction to pass the impugned order. The suit, therefore, would be governed by the provisions of Article 14 and not by the residuary Article 120 of the Act.

           Gram Sabha (Gram Panchayat) of Village Bhain v. Executive Engineer (Upper Division Agra Canal) Agra and anr., 1982 LLR 681 = 198 PLJ 224.

 

           2. Assessment of water rate.- Petitioner has argued that no notification under Section 5 has been issued with the result that the assessment of water rate is liable to be quashed. The contention is without merit. In the written statement filed by the Executive Engineer, Ropar Division, Shirhind Canal, Ropar, it has been averred that the notification under Section 5 of the Act was issued on 10th May, 1880 for the use of water of Sutlej River for Sirhind Canal from 13th August, 1880. A copy of such notification has also been placed on the file.

           Shiv Singh and Ors. v. State of Punjab and Ors. 1982 LLR 133.

 

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

          

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

 

8.        Damage of which compensation shall not be awarded. – No compensation shall be awarded of any damage caused by -

(a)   stoppage or diminution or percolation or floods;

(b)   deterioration of climate or soil;

(c)   stoppage of navigation or of the means of drifting timber or watering cattle;

(d)   displacement of labour.

Matter in respect of which compensation may be awarded.- But compensation may be awarded in respect of any of the following matters:-

           (e) stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or underground, in use at the date of the said notification ;

           (f) stoppage or diminution of supply of water to any work erected for purposes of profit or any channel whether natural or artificial, in use at the date of the said notification ;

           (g) stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification ;

           (h) damage done in respect any right to a water course or the use of any water to which any person is entitled under the Indian Limitation Act, 1887, Part IV (XV of 1877)

           (i) any other substantial damage not failing under any of the above clause (a), (b), (c) or (d) and claused by the exercise of the powers conferred by the Act, which is capable  of being ascertained any estimated at the time of awarding such compensation.

           In determining the amount of such compensation regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed and where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the annual diminution of the net profits of such property caused by the exercise of the power conferred by this Act.

           No right to any such supply of water as is referred to in clause (e), 9f) 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 the State Government by grant or under the Indian Limitation Act, 1877 Part IV.

           And no right to any of the advantages referted to in clause (a), (b) and (c) of this section shall be acquired as against the State Government under the same Part.

          

9.        Limitation of claims.- 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 claims within such period.

 

10.      Enquiry into claims and amount of compensation.- 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, nine to twelve (inclusive), fourteen and fifteen, eighteen to twenty-three (inclusive), twenty six to forty (inclusive), fifty-one, fifty-seven, fifty-eight and fifty nine of the Land Acquisition Act, 1870, shall apply to such enquiries:

           Provided  that, instead of the last clause of the said section twenty-six the following shall be read:- “The provision of this section and of section eight of the Northern India Canal and Drainage Act, 1873 shall be read to every assessor in language which he understands, before he gives his opinion as to the amount of compensation to be awarded”.

 

11.      Abatement of rent on interruption of water supply.- Every tenant holding under an unexpired lease 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 eight 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.

 

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

 

           Such enhancement shall be on account only of the restored water supply and shall not affect the liability of the tenant to enhancement of rent on any other ground.

 

13.      Compensation when due.- 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.

 

           Interest – 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. 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.

 

PART III

Of the Construction and Maintenance of Works

 

14.      Power to enter any survey etc. – Any Canal Officer or other person acting under the general or special order of a Canal Officer, may enter upon any lands adjacent to any canal or through which any canal is proposed to be made, and undertake surveys or levels thereon, and dig and bore into the subsoil;

           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 enquiry relating to any existing or projected canal under the charge of the said Canal Officer;

 

15.      Power to enter for repairs and to prevent accidents.  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 be necessary for the purpose of repairing or preventing such accident.

 

           Compensation for damage to land.- In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. If such tender is not accepted, the Canal Officer shall refer the matter to the Collector, who shall proceed to award compensation for the damage as through the State Government had directed the occupation of the land under section forty-three of the Land Acquisition Act, 1870.

 

 

Synopsis

1.      Words “may execute all works etc”.

 

Commentary

 

           1. Words “may execute all works etc.” – Words “may execute all works” which may be necessary for the purpose of repairing or preventing such accident “are independent of the preceding words” may enter upon any land adjacent to such canal.

           The Punjab Cotton Press Co. Ltd. v. The Secretary of State for India, 1924 Lah. 169.

 

16.      Omitted.

 

17.      State Government to provide means of crossing canals. – There shall be provided, at the cost of the state Government, suitable means of crossing canals constructed or maintained at the cost the State Government at such places as the State Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands.

           On receiving a statement in writing signed by not less than five of the owners of such lands, to the effect that suitable crossing have not been provided on any cnaal, the Collector shall cause enquiry  t be made into the circumstances of the case and if he thinks that the statement is established, he shall report his opinion thereon for the consideration of the Sate Government and the State Government shall cause such measure in reference thereto to be taken as it thinks proper.

 

Synopsis

1.      Alignment of a minor.

2.      Change in alignment.

 

Commentary

 

           1. Alignment of a minor.- Procedure under Section 17 and 18 is not required to be followed for making alignment of minor or changing the alignment of a minor.

           Hamir Singh v. The Chief Canal Officer, 1979 PLJ 86 = 1979 RLR 206.

 

           2. Change in alignment.- A change in alignment of minor does not amount to be abandonment or extension of irrigation channel.

           Hamir Singh v. the Chief Canal Officer, 1979 PLJ 86 = 1979 RLR 206.

          

18.      Persons using water-course to construct work for passing water across road etc.- The Divisional Canal Officer may issue an order to the persons using any water-course to construct  suitable bridges, culverts or other works for the passage of the water of such of water-course across any public road, canal or drainage channel in use before the said water-course was made, or to repair any such works. Such order shall specify a reasonable period within which such construction or repairs shall be completed.

           If they fail Canal Officer may construct. – And if after the receipt of said order the persons to whom it is addressed, do not, within the said period, construct or repair such works to be satisfaction of the said Canal Officer, he may with the previous approval of the Superintending Canal Officer, himself construct or repair the same.

           And recover cost. – And if the said person do not when so required pay the cost of such construction or repairs as declared by the Divisional Canal Officer, the amount shall on the demand of the Divisional Canal Officer be recoverable from them by the Collector as if it were an arrear of land revenue.

 

19.      Adjustment of claims between persons jointly using water-course – 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 of any work necessary for such construction or maintenance , the Divisional or Sub-divisional Canal Officer or 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.

           Such order shall be appealable to the Commissioner, whose order thereon shall be final.

           Recovery of amount found due. – 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 in force, be recovered by the Collector from the person directed to pay the same, as if it were an arrear of land revenue.

 

 

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