PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5013
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EXTRAORDINARY
Published by Authority
CHANDIGARH, TUESDAY, NOVEMBER 28, 2023
(AGRAHAYANA 7, 1945 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 26th November, 2023
No. 20-PLA-2023/63.–The Punjab Canal and Drainage Bill, 2023 in
hereby published for general information under the proviso to rule 121 of the
Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha
(Punjab Legislative Assembly):-
BILL NO. 20-PLA-2023
THE PUNJAB CANAL AND DRAINAGE BILL, 2023
A
BILL
to regulate irrigation, navigation and drainage in the State of Punjab.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
fourth Year of the Republic of India as follows: -
PART I
PRELIMINARY
1. (1) This Act may be called the Punjab Canal and Drainage Act, Short title,
2023. extent and
commencement.
(2) It shall extend to the whole of the State of Punjab.
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(3) It shall come into force on such date as the State Government
may, by notification, appoint.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context:-
(1) "canal" includes.-
(a) all canals, channels and reservoirs constructed,
maintained or controlled by the State Government for
the supply or storage of water;
(b) all works, embankments, structures, including outlets,
supply and escape channels connected with such
canals, channels or reservoirs;
(c) all water-courses;
(d) all parts of a 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) all field drains;
(f) all State tubewells; and
(g) all drains, works, embankments and structures, connected
with drains, maintained or controlled by the State
Government;
(2) "Canal Officer" means an officer appointed under this Act by
the State Government, by notification, to exercise control or jurisdiction over a
canal or any part thereof;
"Chief Canal Officer" means an officer exercising general
control in respect of canals in the State;
"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 a canal;
"Sub-Divisional Canal Officer" means an officer exercising
control over a sub-division of a canal;
"Deputy Collector" means any officer appointed to perform
the functions of Deputy Collector under this Act;
(3) "Collector" means a revenue officer as specified as Collector PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5015
(AGHN 7, 1945 SAKA)
in the Punjab Land Revenue Act 1887, and includes any other officer appointed
under this Act by the State Government, by notification, to exercise all or any
of the powers of a Collector;
(4) "Commissioner" means a revenue officer as specified as
Commissioner in the Punjab Land Revenue Act, 1887, and includes any officer
appointed under this Act by the State Government, by notification, to
exercise all or any of the powers of a Commissioner;
(5) "culturable command area" means that portion of a culturable
irrigable area which is commanded by flow or lift irrigation from an irrigation
channel, outlet or State tubewell;
(6) "district" means a revenue district notified by the Department
of Revenue;
(7) "drainage work" includes escape channels from canals, dams,
weirs, embankments, sluices, groins and other works for the protection of
lands from flood 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, villages or any other habitat by whatever
name it is known.;
(8) "field drain" includes drains and other similar works constructed
or maintained by land owners themselves;
(9) "outlet" means a structure along with its appurtenant works
fixed or constructed by the State Government on minor, distributary or branch
canal or main canal to receive water from canal and to deliver it to fields
through water course;
(10) "prescribed" means prescribed by rules made under this Act;
(11) "shareholder" means a person or tenant as defined in the Punjab
Tenancy Act, 1887;
(12) "State Government" means the Government of the State of
Punjab in Department of Water Resources;
(13) "State tubewell" means a tubewell hitherto constructed,
maintained or controlled or which may be hereafter constructed, maintained or
controlled by the State Government or the Punjab Water Resources
Management and Development Corporation Limited, and includes all mechanical
and electrical appliances, tools and structures appertaining to it and necessary
for the abstraction of water from it;
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(14) "temporary watercourse" means a watercourse which has
been supplying canal water and running for a period of not less than six months.
but which is not a watercourse as herein defined;
(15) "tubewell" means any device for lifting water either from
below the surface of the ground or from canal by mechanical means operated
otherwise than by human or animal power;
(16) "watercourse" means any channel or pipeline including all its
subsidiary works which is supplied with water from a canal, but not maintained
at the cost of the State Government, and is sanctioned under this Act or is in
existence under an agreement or by prescription;
(17) "water user" means an individual or body corporate or an
association or a group, using water in a command area;
(18) "Water Users' Association" means a body of water users at
a particular level of a canal system for flow as well as lift irrigation; and
(19) "vessel" includes boats, rafts, timber and other floating bodies.
3. (1) The State Government may, from time to time, declare, by
notification in the Official Gazette, the officers of the State Government or of
Power to appoint officers.
the Punjab Water Resources Management and Development Corporation
Limited, by whom, the matters in respect of which and the local limits within
which all or any of the powers or duties hereinafter conferred or imposed shall
be exercised or performed.
(2) All officers mentioned in clause (2) of section 2 shall be subject
to the orders of such officers as the State Government may, from time to time,
direct.
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
4. (1) Whenever it appears expedient to the State Government that
the water of any river or stream flowing in a natural channel, or of any lake or
other natural collection or still water, should be applied or used by the State
Utilization of water for public purposes.
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.
(2) As soon as it is practicable after the issue of such notification,
the Collector shall cause public notice to be given in the manner prescribed, PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5017
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stating that the State Government intends to apply or use the said water.
(3) The persons affected by such notification shall be entitled to
lodge claims for compensation in respect of matters mentioned in section 7
before the Collector.
5. The State Government may, by notification in the Official Gazette,
prohibit installation of any tubewell other than a State tubewell within a distance
of, not exceeding 150 meters from a State tubewell.
Power to prohibit installation of tubewells.
6. At any time after the day so named, any Canal Officer, acting under Power of Canal Officer.
the orders of the State Government, may enter on any land and remove
any obstruction, close any channel, demolish any tubewell and do any
other thing necessary for the application or use of the said water.
7. The compensation may be awarded for any damage caused for the Compensation for damages.
following matters, namely:-
(a) 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;
(b) stoppage or diminution of supply of water to any work erected
for purposes of profit on any channel, whether natural or
artificial, in use at the date of the said notification;
(c) stoppage or diminution of supply of water through any
natural channel which has been used for purposes of irrigation
within five years next before the date of the said notification;
(d) damage done in respect of any right to a water course of the
use of any water to which any person is entitled under the
Limitation Act, 1963, Part IV; and
(e) any other substantial damage, not falling under any of the
above clauses (a), (b), (c) or (d), and caused by the exercise
of the powers conferred by this Act, which is capable of being
ascertained and estimated at the time of awarding such
compensation.
In determining the amount of such compensation, the procedure as
per the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 shall be followed.
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PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
8. (1) Any Canal Officer, or the 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
Power to enter and regulate water supply.
surveys or levels thereon; and dig and bore into the sub-soil; and make and
set up suitable landmarks, 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 with the charge of the said Canal officer and where otherwise
such enquiry cannot be completed, such officer or other person may cut down
and clear away any part of any standing crop, fence or jungle; and may also
enter upon any land, building or watercourse on account of which any water-
rate is chargeable, for the purpose of inspecting and regulating the use of
water- supply, or of measuring the lands irrigated thereby or chargeable with
water-rate, and of doing all things necessary for the proper regulation and
management of such canal:
Provided that if such Canal Officer or person proposes to enter into
any building or enclosed court or garden attached to a dwelling-house 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. However, he may take any person(s) of that very locality
along with him, if in any case such person(s) is not available then Canal Officer
may proceed forthwith, on his own.
(2) In every case of entry under this section, the Canal Officer
shall, at the time of such entry, tender compensation for any damage which
may be occasioned by any proceeding under this section; and, in case of dispute
as to the sufficiency of the amount so tendered, he shall forthwith refer the
same for decision of the Collector and such decision shall be final.
9. (1) In case of any accident happening or being apprehended to a
canal, any 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 purposes of repairing or
Power to enter for repairs and payment of compensation.
preventing such accident.
(2) In every such case, such Canal Officer or person shall tender
compensation to the proprietor(s) or occupier(s) of the said lands for all damage
done to the same. If such tender is not accepted by the affected proprietor(s) PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5019
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or occupier(s) then he may apply to the Collector for revision within thirty
days. The Collector after getting report from the Canal Officer shall proceed
to award compensation as per the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(3) Any revision against the orders of the Collector under sub-
section (2) shall lie with the State Government to be filed with ninety days of
the order of the Collector. The State Government shall decide the matter within
ninety days after receipt of revision application, whose decision shall be final.
10. (1) There shall be provided and maintained, at the cost of the
State Government, suitable means of crossing canals at such places as the
State Government thinks necessary for the reasonable convenience of the
inhabitants of the adjacent lands.
State Government to provide means of crossing canals.
(2) On receiving a statement in writing, signed by not less than
twenty-five of the owners of such lands adjacent to such canal, to the effect
that suitable crossings have not been provided on any canal, the State
Government shall cause an enquiry to be made into the circumstances of the
case, and if it thinks that the statement is established, the State Government
shall cause such measures in reference thereto to be taken as it thinks proper.
(3) The State Government may issue a general policy for bridge
or ramps (fields paths, foot bridges etc.) on canal from time to time as and
when required.
11. (1) The Divisional Canal Officer may issue an order to the persons
using any watercourse to construct suitable bridges, culverts or other
works for the passage of the water of such water course across any public
road, canal or drainage-channel in use before the said watercourse was made,
or to repair any such works.
Liability of persons to construct works for passage of water.
(2) Such order shall specify a reasonable period within which such
construction or repairs shall be completed;
and if, after the receipt of such order, the persons to whom it is
addressed do not, within the said period, construct or repair 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;
and if, the said persons 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 such
persons as arrears of land revenue.
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12. (1) If any person, jointly responsible with others for the
construction or maintenance of a watercourse, or jointly making use of a
watercourse with others, neglects or refuses to pay his share of the cost of
such construction as maintenance, or to execute his share of any work
necessary for such construction or maintenance, the 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
Adjustment of claims between persons jointly using water- course and recovery thereof.
expiration of a fortnight from the service, he shall investigate the case and
shall, on the expiration of that period, investigate the case accordingly, and
make such order thereon as he may deem fit. Such order shall be appealable
to the Superintending Canal Officer.
(2) An appeal shall lie to the Superintending Canal Officer within
a period of thirty days from the date of passing of the order by the Divisional
Canal Officer under sub-section (1) and the order of the Superintending Canal
Officer shall be final.
(3) 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 persons directed to pay the same, as
arrears of land revenue.
13. (1) Notwithstanding anything contained to the contrary in this Act
Preparation of draft scheme. but subject to the rules made and notification issued in this regard, the Divisional
Canal Officer may, on his own motion or on the application of a
shareholder or water user association, prepare a draft scheme to provide
for all or any of the matters, namely:-
(a) the construction, alteration, extension and alignment of any
watercourse or realignment of any existing watercourse;
(b) allotment of any new areas to a watercourse or an outlet or
re-allotment of areas served by one watercourse to another
or from one outlet to another, or for exclusion of an area, from
an outlet or a watercourse;
(c) construction of a new outlet, closing of an existing outlet,
shifting or modification of an existing outlet;
Explanation:- Any change in the design or size or both of an outlet, whose
design or size or both have been changed in an unauthorized manner, for
restoring the same to its authorized discharge shall not be deemed to be a
modification;
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(d) the lining or relining of any watercourse; and
(e) any other matter which is necessary for the proper
maintenance and distribution of supply of water from a
watercourse or an outlet.
(2) Every scheme prepared under sub-section (1) shall, amongst
other matters, set out the estimated cost thereof, the alignment of the proposed
watercourse or realignment of the existing watercourse, as the case may be,
the site of the outlet and a sketch plan of the area proposed to be covered by
the scheme.
14. (1) Every scheme under this Part as soon as may be, after its Publication of scheme.
preparation, shall be published in such form and manner as may be prescribed
for inviting objections and suggestions in respect thereof within fourteen days
of its publication.
(2) After considering such objections and suggestions, if any, the
Divisional Canal Officer shall approve, modify or reject the scheme within
fourteen days from the date of the receipt of such objections and suggestions,
unless this period is extended by the Superintending Canal Officer for good
and sufficient reasons:
Provided that in certain cases, the prior approval of the Chief Canal
Officer shall be obtained for allowing an outlet with culturable command area
(CCA) equal to or less than hundred acres:
Provided further that in certain cases, the prior approval of the State
Government shall be obtained for allowing a new outlet on a main canal or
branch canal.
15. (1) The Divisional Canal Officer shall, as soon as may be, publish
the fact of the rejection of scheme or the particulars of the scheme approved
Publication of scheme after approval.
or modified by him under sub-section (2) of section 14 in the prescribed manner
and call upon the shareholders or water user association to implement it at
their own cost within the period to be specified by him and if the shareholder(s)
or water user association fail to implement the same, he shall undertake the
construction or implementation of the scheme himself, and recover the cost
thereof from the shareholder(s) or water user association in the manner and
period to be specified by him. Any sum which remains unpaid, within the
specified period for this purpose, may be recovered by the Collector from the
defaulting person(s) as arrears of land revenue.
(2) An officer, not below the rank of Sub-Divisional Canal Officer 5022 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
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shall check the implementation of scheme at site.
(3) In case underground pipeline scheme if shareholder(s) or water
user association fail to implement the scheme, the Divisional Canal officer
may follow the procedure as per section 14-A and 14-B of the Punjab Land
Improvement Schemes Act, 1963, and recover the cost thereof from the
shareholder(s) or water user association in the manner and period to be specified
by him. Any sum which remains unpaid, within the specified period for this
purpose, may be recovered by the Collector from the defaulting person(s) as
arrears of land revenue.
16. An appeal against the decision of the Divisional Canal Officer under
Appeal and revision.
sub-section (2) of section 14 shall lie to the Superintending Canal Officer within
thirty days from the date of the publication of the scheme under section 15
whose decision shall be final:
Provided that no such order shall be made without affording the
person(s) affected an opportunity of being heard and the orders of the Divisional
Canal Officer shall not be stayed in ordinary course.
17. (1) The Divisional Canal Officer may either of his own motion or
on the application of a shareholder, publish in the manner prescribed a notice
Notice of acquisition of land.
of his intention to acquire any land required for implementation of the scheme.
(2) Any person interested in the land notified under sub-section
(1) may, within twenty-one days from the publication thereof, apply to the
Divisional Canal Officer by petition stating his objections to the proposed
acquisition of his rights.
(3) After considering the objections, the Divisional Canal Officer
may proceed to take the occupation of the land so required on behalf of the
shareholders.
(4) The Compensation, to be fixed by the Divisional Canal Officer
on the principles set out under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be payable
by the shareholders in proportion to the culturable commanded area under the
scheme held by each one of them to the owner or occupier of any land for
such acquisition and on failure of payment, the amount of compensation shall
be recoverable as arrears of land revenue.
(5) Any person aggrieved from the order of the Divisional Canal
Officer in respect of compensation may prefer an appeal, within thirty days of
the passing of the order to the Superintending Canal Officer whose decision PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5023
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shall be final.
18. On failure of any shareholder or shareholders to execute the work
within the period specified in the notice under sub-section (1) of section 15, the
Recovery of cost from shareholders.
Divisional Canal Officer may proceed to carry out the work himself and the
cost in proportion to the culturable commanded area under the scheme held by
such shareholders shall be recoverable from the shareholders as arrears of
land revenue.
19. On execution of the scheme, the Divisional Canal Officer shall by
requisition in writing, direct the shareholders to take over and maintain the
watercourses and on failure of the shareholders to comply with this direction,
Direction for maintenance of water course.
he shall, make arrangements for maintenance of watercourse at the
shareholders' cost in proportion to the culturable commanded area under the
scheme held by them and the same shall be recoverable as arrears of land
revenue.
20. (1) If a person demolishes, alters, enlarges or obstructs a
watercourse or a temporary watercourse or causes any damage thereto, any
person affected thereby may apply to the Sub-Divisional Canal Officer for
Restoration of demolished or altered etc. watercourse.
directing the restoration of the same to its original condition.
(2) On receiving an application or otherwise under sub-section
(1), the Sub- Divisional Canal Officer may, after making such enquiry as he
may deem fit, require, by a notice in writing served on the person found to be
responsible for so demolishing, altering, enlarging, obstructing or causing damage
to restore, at his own cost, the watercourse or temporary watercourse to its
original condition within such period not exceeding fourteen days, as may be
specified in the notice.
(3) If such person fails to the satisfaction of the Sub-Divisional
Canal Officer, to restore the watercourse or temporary watercourse to its
original condition within the period specified in the notice served on him under
sub-section (2), the Sub-Divisional Canal Officer may cause the watercourse
or temporary watercourse to be restored to its original condition and recover
the cost incurred in respect of such restoration from the defaulting person.
The Sub-Divisional Canal Officer may order recovery of a sum not exceeding
rupees five thousand from the defaulting person by way of penalty. In case the
penalty is not paid, the same shall be recoverable as arrears of land revenue.
(4) Any person aggrieved by the order of the Sub-Divisional Canal
Officer, may prefer an appeal, within thirty days of the passing of such order 5024 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
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before the Divisional Canal Officer, whose decision on such appeal shall be
final.
(5) Any sum which remains unpaid within a period to be specified
for this purpose by the Divisional Canal Officer may be recovered as arrears
of land revenue.
Bar on 21. Notwithstanding anything contained in this Act or any other law for
jurisdiction of the time being in force, no civil court shall have jurisdiction to entertain or
civil court. decide any question relating to matters falling under sections 13 to 20.
PART-IV
THE SUPPLY OF WATER
22. The State Government may allow supply of canal water for purposes
other than irrigation. In the absence of a written contract, every supply of
canal water shall be deemed to be given at the rates as notified by the
Government and subject to the conditions prescribed by the rules.
23. (1) The Divisional Canal Officer may stop the supply of water to
any watercourse, or to any person(s), within periods fixed from time to time in
the following cases, namely:-
In absence of written contract water supply to be subject to rules. Power to stop water supply and compen- sation.
(a) whenever it is necessary to stop such supply for the purpose
of executing any work ordered by the competent authority
and with the previous sanction of the Superintending Canal
Officer;
(b) whenever and so long as any watercourse is not maintained
in such proper customary repair so as to prevent the wasteful
escape of water therefrom; and
(c) whenever water is not used for the purpose for which it was
being supplied.
(2) No claim shall be made against the State Government for
compensation in respect of loss caused by the failure or stoppage or reduction
of water in the canal, by reason of any cause beyond the control of the State
Government or of any repairs, alterations or additions to the canal, or of any
measures taken for the 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(s) suffering such loss due stoppage
of water for irrigation may claim remission of the water cess payable for the PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5025
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use of the water as is authorized by the State Government.
(3) 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, but if it is to be supplied for irrigation for 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 matured within that year.
(4) If any written contract or agreement for the supply of canal
water has been made in which the period has not been specifically mentioned,
it shall be deemed to have been made for one year unless such contract or
agreement is renewed for another year:
Provided that a contract or agreement executed before the
commencement of this Act, shall, continue for a period as mentioned in such
contract or agreement.
(5) 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 otherwise
transfer his right to such use, without the permission of the Superintending
Canal Officer:
Provided that the aforesaid provision shall not apply to the use by a
cultivating tenant the water supplied to the owner for the irrigation of the land
held by such tenant:
Provided further that all contract made between the State Government
and the owner or occupier of any immovable property as to 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.
(6) No right to the use of the water of a canal shall be, or be
deemed to have been acquired under the Limitation Act, 1963, Part IV, nor
shall the State Government be bound to supply any person with water except
in accordance with the terms of a contract in writing.
(7) Where the supplies are made under some contract or
agreement for specified purpose, the Divisional Canal Officer may stop such
supplies after giving notice to the person concerned and after affording him an
opportunity of being heard, on the ground that there is breach of contract or
agreement or the water is needed for the public purposes by the State
Government.
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PART V
WATER RATES
24. If water supplied through a canal is used in an unauthorised manner,
and if the person by whose act or neglect such use has occurred cannot be
identified, the person who has derived or may derive benefit therefrom, shall
be liable to the charges prescribed for such use.
Liability when persons using unauthorisedly cannot be identified.
25. If water supplied through a watercourse or an outlet be suffered to
run to waste and if, after enquiry by the Sub-Divisional Canal Officer, the
Liability when water runs to waste.
person through whose act or neglect such water was suffered to run to waste
cannot be discovered, all the persons chargeable in respect of water supplied
through such watercourse or an outlet shall be jointly liable for the charges
made in respect of water so wasted.
26. (1) All charges for the unauthorised use or waste of water may be
recovered in addition to any penalties incurred on account of such use or waste.
(2) All questions, under sections 24 and 25, including questions
Charges recoverable in addition to penalties.
pending for disposal on the commencement of this Act shall be decided by the
Divisional Canal Officer.
(3) An appeal shall lie to the Superintending Canal Officer against
the decision of the Divisional Canal Officer empowered under sub-section (2)
within a period of thirty days from the date of such decision.
27. When canal or river water is supplied to forts or other military buildings,
cantonment, civil station, cities, towns, railway, public garden or other places
of public resort, industrial units, power plants and bulk users, beverages and
bolted water industry, drinking water supply (including Railways and Army),
fish pond and brick making and water construction work or any other non-
irrigation use either by filing of tanks or by direct flow, contracts at special
rates may be accepted by the Divisional Canal Officer with the previous sanction
Water supplied to cantonments, towns, industry, bulk water sup- plier, commer- cial users etc.
of the State Government.
28. (1) The State Government may levy a water cess on the occupiers
of land, who use canal water for the purposes of irrigation at the rate to be
Water supplied for irrigation.
determined by the State Government from time to time and such occupiers, as
accept the water, shall pay for water cess accordingly. Such water cess shall
be payable within such time and in such manner, as may be prescribed. The
water cess so collected, shall be used by the State Government for maintenance
and development of irrigation infrastructure.
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(2) The rules hereinbefore referred to may prescribe and
determine 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 water cess 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.
29. Where a water-cess is charged on land held by several joint owners,
it shall be payable by the manager or other person who receives the rents or
Water cess by whom payable.
profits of such land and may be deducted by him from such rents or profits
before division, or may be recovered by him from the persons liable to such
rate in the manner customary for the recovery of other charges on such rents
or profits.
30. 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 from the person liable for the same as
Certified dues recoverable as land revenue.
arrears of land revenue.
31. Except as otherwise provided, nothing in sections 30 applies to fines. Fines not included in certified dues.
PART VI
CANAL NAVIGATION
32. (1) Any vessel entering or navigating any canal contrary to the
rules made in that behalf by the State Government, or so as to cause danger to
Detention of vessels violating rules.
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 authorised in this behalf.
(2) The owner of any vessel causing damage to a canal, or whose
vessel has been removed or detained under this section, shall be liable to pay to
the State 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.
33. Any fine imposed under this Act upon the owner of any vessel, or the
servant or agent of such owner or other person incharge 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, 1973 or if the Magistrate
Recovery of fines for offences in navigating canals.
imposing the fine so directs, as though it were a charge on such vessel.
5028 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
(AGHN 7, 1945 SAKA)
34. If any charge due under the provisions of this Part in respect of any
vessel is not paid on demand to the person authorized to collect the same,
the Divisional Canal Officer may seize and detain such vessel and the furniture
thereof, until the charge so due, together with all expenses and additional charges
Power to seize and detain vessel on failure to pay charges.
arising from such seizure and detention, is paid in full.
35. If any charge due under the provision 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 canal is not paid on demand
to the person authorized to collect the same, the Divisional Canal Officer may
seize such cargo or goods and detain them until the charge so due, together
Power to seize cargo or goods, if charges due thereon are not paid.
with all expenses and additional charges arising from such seizure and detention,
is paid in full.
36. (1) Within a reasonable time after any seizure under section 34 or
section 35, the said Canal Officer shall give notice to the owner or person
incharge of the property seized that it, or such portion of it as may be necessary,
Procedure for recovery of such charges after seizure.
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. If such claim be not so discharged, the said Canal Officer, may, on
such day, sell the property seized or such part thereof as may be necessary to
yield the amount due, together with the expenses of such seizure and sale:
Provided that no greater part of the furniture of any vessel or of any
cargo or goods shall be so sold than shall, as nearly as may be, suffice to cover
the amount due in respect of such vessel, cargo or goods.
(2) The residue of such furniture, cargo or goods, and of the
proceeds of the sale, shall be made over to the owner or person incharge of
the property seized.
37. (1) If any vessel be 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 purpose of canal, be left unclaimed for a period
of two months, the Divisional Canal Officer may take possession of the same.
The Officer so taking possession may publish a notice, in the manner prescribed,
Procedure in respect of vessels abandoned and goods unclaimed.
that, if such vessel and its contents, or such cargo or goods, are not claimed on
or before the day to be named in the notice, not sooner than thirty days from
the date of such notice, he will sell the same; and, if such vessel, contents,
cargo or goods be not so claimed, he may, at any time after the day named in
the notice, proceed to sell the same.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5029
(AGHN 7, 1945 SAKA)
(2) The said vessel and its contents and the said cargo or goods if
unsold, or, if a sale has taken a 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.
(3) If the Divisional Canal Officer is doubtful to whom such
property or proceeds should be made over, he may direct the property to be
sold as aforesaid, and the proceeds to be paid into the district treasury, there to
be held until the right thereto be decided by a Court of competent jurisdiction.
PART VII
DRAINAGE
38. Whenever it appears to the State 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, the State Government
may, by notification published in the Official Gazette, prohibit within limit to be
Powers to prohibit obstructions or order of their removal.
defined in such notification, the formation of any obstruction, or may, within
such limits, order the removal or other modification of such obstruction. On the
issue of such notification, so much of the said river, stream or drainage-channel
as is comprised within such limits shall be held to be a drainage-work as defined
in section 2.
39. (1) The Divisional Canal Officer, or other person authorized by
the State 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.
Power to remove obstructions after prohibition.
(2) If within the time so fixed, such person does not comply with
the order, the said Canal Officer may himself remove or modify the obstruction;
and if the person to whom the order was issued does not, when called upon,
pay the expenses involved in such removal or modification, such expenses
shall be recoverable from him or his representative in interest as arrears of
land revenue.
40. The provisions contained in sections 13 to 21 shall apply mutatis
mutandis to field drains.
Provisions regarding field drains.
41. Whenever it appears to the State 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
Preparation of schemes for works of improvement.
5030 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
(AGHN 7, 1945 SAKA)
water or from erosion by a river is required for any lands, it may cause a
scheme for such drainage works to be drawn up and published by the Divisional
Canal Officer, together with an estimate of its cost which the State
Government proposes to defray, and a schedule of the lands which it is proposed
to make chargeable in respect of the scheme.
42. The persons authorized by the State Government to draw up such
schemes may exercise all or any powers conferred upon the Canal Officers
under section 8.
Powers of persons employed on such schemes.
43. The cost, other than that which is to be defrayed by the State
Government, in respect of such scheme, may be charged from the owners of
Rate on lands benefited by works.
all lands made chargeable under section 41 in accordance with rules made by
the State Government in this behalf. Such cost either wholly or in part, may be
recovered in kind of land or labour in the manner prescribed by rules made in
this behalf.
44. Any sum certified by the Divisional Canal Officer to be due under
Recovery of rate.
section 43 and which remain unpaid after the expiry of the period during which
it was payable, shall be recoverable from the owner liable for the same as if it
were an arrear of land revenue.
45. Whenever, in pursuance of a notification made under section 38, any
obstruction is removed or modified or whenever any drainage-work is carried
Disposal of claims to compensation.
out under section 41, all claims for compensation on account of any loss
consequent on the removal or modification of the said obstruction or the
construction of such work may be made before the Collector and he shall deal
with the same in the manner provided in the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013.
However, no compensation shall be paid to any illegal structure which is constructed
without any approval from any competent authority of the State Government.
46. No such claim shall be entertained after the expiry of one year from the
Limitation of such claims. occurrence of the loss complained of, or unless the Collector is satisfied that the
claimant had sufficient cause for not making the claim within such period.
PART VIII
JURISDICTION
47. (1) The Deputy Collector may, if in his opinion it is necessary
so to do, pass an order as to the use or distribution of water from a watercourse
amongst persons in any estate or a group of estates or in any holding or group
Power of Deputy Collector to order use or distribution of water and settlement of differences.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5031
(AGHN 7, 1945 SAKA)
of holdings in such estate or estates:
Provided that no such order shall be passed by the Deputy Collector
without making an inquiry into the matter and without giving a notice to the
persons interested that, on a day to be named in such notice, he shall proceed
to inquire into the said matter.
(2) Whenever a dispute or difference arises between two or more
persons in regard to their mutual rights or liabilities in respect of the use,
construction or maintenance of a watercourse, any such person may apply in
writing to the Deputy Collector stating the matter in dispute.
(3) On receipt of an application under sub-section (2), the
Deputy Collector shall give notice to the other persons interested that, on a day
to be named in such notice, he shall proceed to enquire into the said matter, and
after the inquiry he shall pass an order thereon.
(4) An order passed under sub-section (1) or sub-section (3) as
to the use or distribution of water for any crop sown or growing at the time
when such order is made or with regard to the construction or maintenance of
a watercourse shall, subject to an order passed on appeal or revision under
sub-sections (5) and (6), be final.
(5) An appeal shall lie to the Divisional Canal Officer against
an order referred to in sub-section (4) within a period of thirty days from the
date of such order.
(6) The Superintending Canal Officer, within whose jurisdiction
the watercourse is situated, may, suo motu or on an application made in this
behalf by an aggrieved person, revise an order passed in appeal by a Divisional
Canal Officer under sub- section (5) :
Provided that no such application shall lie unless it is made
within a period of thirty days from the date of such order.
(7) No order passed under this section shall be liable to be called
in question in any civil court.
48. The clerical or arithmetical mistakes in an order passed by an officer Correction of clerical error.
under this Act arising from any accidental slip or omission may, at any time, be
corrected by the authority concerned either of its own motion or on the
application of any of the parties.
49. Any officer empowered under this Act to conduct any enquiry may
exercise all such powers connected with the summoning and examining of
witnesses as are conferred on civil courts by the Code of Civil Procedure and
Power to summon and examine witnesses.
5032 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
(AGHN 7, 1945 SAKA)
every such enquiry shall be deemed to be a judicial proceeding.
50. Except as otherwise provided, all claims against the State 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
Jurisdiction under this Act of Civil Courts.
to any crop sown or growing at the time of such order.
PART IX
FORMATION OF WATER USER ASSOCIATION
51. The State Government may, by notification published in the Official
Water user association.
Gazette, establish water user associations (WUAs) to inculcate a sense of
ownership amongst stakeholders. The water user associations may assist Canal
Officers for the following purposes, namely:-
(a) resolution of disputes amongst shareholders;
(b) preparing water conservation plans and promote efficient use
of surface water;
(c) preparation of demand and collection of water cess.;
(d) recommending maintenance schedule for water bodies;
(e) removing encroachment from the canal infrastructure;
(f) schedule of releasing waters in canals;
(g) use of village ponds and drains for irrigation purposes;
(h) identifying the sources of pollution and taking appropriate
action; and
(i) preparation and implementation of warabandi.
PART X
OFFENCES AND PENALTIES
52. Whoever, without proper authority, does any of the following acts,
Offences under the Act. namely:-
(a) damages, alters, enlarges or constructs any canal or drainage
work;
(b) interferes with, increases or diminishes the supply of water in
or flow of water from, through, over or under any canal or
drainage work;
(c) interferes with or alters the flow of water in any river or stream,
so as to endanger, damage or render less useful any canal or
drainage-work;
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5033
(AGHN 7, 1945 SAKA)
(d) being responsible for the maintenance of a watercourse, or
using a watercourse, neglects to take proper precautions for
the prevention of waste of a water thereof, or interferes with
the authorized distribution of the water therefrom, or uses
such water in an unauthorized manner;
(e) causes any vessel to enter or navigate any canal contrary to
the rules for the time being prescribed by the State Government
for entering or navigating such canal;
(f) while navigating on any canal, neglects to take proper
precautions for the safety of the canal and of vessel thereon;
(g) corrupts or fouls the water of any canal;
(h) destroys or moves any level mark or water gauge fixed by the
authority of a public servant;
(i) passes, or causes animals or vehicles, to pass, on or across
any of the works, banks or channels of a canal or drainage
work contrary to rules made under this Act, after he has been
desired to desist therefrom;
(j) violates any rule made under this Act for breach whereof a
penalty may be incurred; and
(k) disobeys any order passed under section 47.
shall, in respect of offences under clauses (a) to (j) are cognizable
and be liable, on conviction to a minimum fine of five thousand rupees but not
exceeding fifty thousand rupees or to imprisonment not exceeding six months
or to both.
53. (1) Whenever water for irrigation is used by any person in an
unauthorized manner and in respect of offences under clause (k) of section 52,
Order of the Divisional Canal Officer.
the Divisional Canal Officer, by an order, shall stop the supply thereof to such
person for full turns during the crop season. In case, any person still continues
to use water in an unauthorized manner, he shall be excluded from the command
area of the canal for a period of two years.
(2) An appeal against every order passed by the Divisional Canal
Officer shall lie to the Superintending Canal Officer. No appeal shall be
entertained, unless it is filed within a period of thirty days from the date of
communication of such order.
(3) When supply of water of the person who violates as per sub- 5034 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
(AGHN 7, 1945 SAKA)
section (1) is stopped, his share of canal water shall be distributed equitably
and proportionately amongst the other shareholders falling in the cultural
commanded area of the canal from where offender is drawing canal water.
54. Nothing herein contained shall prevent any person from being
prosecuted under any other law for any offence punishable under this Act.
Saving of prosecution under other laws.
55. (1) No suit, prosecution or other legal proceedings shall lie against
any person in respect of anything which is in good faith done or intended to be
Protection of action taken in good faith.
done in pursuance of this Act or any rules or orders made thereunder.
(2) No suit or other legal proceedings shall lie against the State
Government or any other person in respect of any damage caused or likely to
be caused by anything which is in good faith done or intended to be done in
pursuance of this Act or rules or orders made thereunder.
56. 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
Compensation to the persons injured.
way of compensation to the person injured by such offence.
57. Any person in charge of or employed upon any canal or drainage-
work may remove from the lands or buildings belonging thereto, or may
Power to arrest without warrant.
take into custody without a warrant and take forthwith before a Magistrate or
to the nearest police station, to be dealt with according to law, any person,
who, within his view, commits any of the following offences:-
(a) willfully damages or obstructs any canal or drainage work;
and
(b) without proper authority interferes with the supply or flow of
water in or from any canal or drainage-work, or in any river
or stream, so as to endanger damage or render less useful
any canal or drainage-work.
58. In this Part, the word 'canal' shall (unless there be something repugnant
Definition of canal.
in the subject or context) be deemed to include also all lands occupied by the
State Government for the purpose of canals, and all buildings, machinery, fences,
gates and other erections, trees, crops, plantations or other produce occupied
by or belonging to the State Government upon such lands.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5035
(AGHN 7, 1945 SAKA)
PART XI
SUBSIDIARY RULES
59. If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order published in the Official Gazette,
Power to remove difficulties.
make such provisions or give such directions, not inconsistent with the provisions
of this Act, as appear to it to be necessary or expedient for removing the
difficulty.
60. (1) The State Government may, by notification published in the Power to make rules.
Official Gazette, from time to time, make rules for carrying out all or any of the
purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following matters,
namely:-
(a) distribution and regulation of supply of water;
(b) construction of new channels, extension of existing channels,
and abandonment of old channels;
(c) assessment and realization of water cess;
(d) utilization of water for purposes other than irrigation;
and
(e) any other matter which has been or may be
prescribed.
61. (1) The Northern India Canal and Drainage Act, 1873 (Central Repeal and saving.
Act VIII of 1873), in its application to the State of Punjab, is hereby repealed.
(2) Save as provided in sub-section (2) of section 13 of this Act,
such repeal shall not affect-
(a) any application, appeal or revision pending before the
commencement of this Act or filed thereafter against any order
passed before the commencement of this Act; and
(b) any right of appeal or revision, if any, in respect of an order
passed under clause (a), and such application, appeal or revision
shall be continued and disposed of by the competent authority
under the provisions of the repealed Act as if this Act had not
been passed.
5036 PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023
(AGHN 7, 1945 SAKA)
STATEMENT OF OBJECTS AND REASONS
1.0 At present the activities relating to irrigation, navigation and drainages
in the State are regulated by an Act namely the Northern India Canal and
Drainage Act, 1873. The said Act was enacted by the Government of India
in British era. With the passage of time and Re-organization of the State, a
number of provisions contained in the said Act have become outlived.
2.0 The State of Punjab has not enacted any separate legislation to
manage and control the aforesaid activities. The Department of Water
Resources is currently administering the Punjab Canal and Drainage Act,
1873 only. The said Act was enacted by the Government of India in British
era and is meant for the five States namely, Uttar Pradesh, Uttrakhand, Punjab,
Haryana and Delhi Moreover, the Govt. of India, Ministry of Jal Shakti has
been emphasizing to enact separate State Act and is in process to repeal the
said Act of 1873. All other States are also in the process enacting their own
Act.
3.0 Therefore, in the changed scenario and requirement of farmers,
general public and other stake holders i.e. industry, which uses canal water
for commercial purposes, a need has arisen to enact a separate and distinct
legislation to regulate Canals, Drainages and other related activities thereto.
4.0 The main objective and salient feature to enact the said legislation is
to ensure hindrance free canal waters to farmers and land owners for irrigation
purposes, maintenance, repair and timely cleanliness of canals, drainages
and natural water courses, a fair and transparent mechanism for redressal of
grievances of water users and other regulatory restrictions against unnecessary
wastage of water. Hence, proposed draft legislation namely the Punjab Canal
and Drainage Act, 2023.
(CHETAN SINGH JAURAMAJRA)
Water Resources Minister, Punjab
____________
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 28, 2023 5037
(AGHN 7, 1945 SAKA)
FINANCIAL MEMORANDUM
The Act empowers the Canal Officers to carry out various functions under the Act including collection of rates to be charged for canal water supply, penalties and payments under various provisions of the Act. In case of canal/river water is supplied to forts or other military buildings, cantonment, civil station, cities, towns, railway, public garden or other places of public resort, industrial units, power plants and bulk users, beverages and bolted water industry, drinking water supply (including Railways and Army), fish pond and brick making and water construction work or any other non- irrigation use either by filling of tanks or by direct flow, contracts at special rates may be accepted by the Divisional Canal Officer with the previous sanction of the State Government.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Section 60 of the Punjab Canal and Drainage Act empowers the State Government to make rules for carrying out all or any of the purposes of this Act. Such rules may provide for all or any of the following matter, namely:-
(a) Distribution and regulation or supply of water;
(b) Construction of new channels, extension of existing channels,
and abandonment of old channels;
(c) Assessment and realization of water cess;
(d) Utilization of water for purposes other than irrigation;
(e) any other matter which has been or may be prescribed.
The Powers sought are necessary for the proper implementation of
the provisions of the Act.
____________
The Governor has, in pursuance of clause (1) and (3) of Article 207 of the Constitution of India, recommended to the Punjab Legislative Assembly, the introduction and consideration of the Bill.
____________
CHANDIGARH : R. L. KHATANA , THE 28TH NOVEMBER, 2023 SECRETARY.