Punjab Canal and Drainage Act, 2023 shall come into force.

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PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

ORDINARY

Published by Authority

CHANDIGARH, FRIDAY, MARCH 28, 2025

(CHAITRA 7, 1947 SAKA)

LEGISLATIVE SUPPLEMENT

Contents Pages

Part I Acts

Nil

Part II Ordinances

Nil

Part III Delegated Legislation

1. Notification No. S.O.23 /P.A.11/2023/S.1/ 2025 dated 18.03.2025 notifying the 1st day of April, 2025 as the date on which the provisions of the Punjab Canal and Drainage Act, 2023 shall come into force.

161

2. Notification No. G.S.R.12/P.A.11/2023/ S.60/ 2025 dated 18.03.2025 containing the Punjab Canal and Drainage Rules, 2025. ..163-200

Part IV Correction Slips, Republications and

Replacements

Nil

*****

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PART-III

GOVERNMENT OF PUNJAB

DEPARTMENT OF WATER RESOURCES

NOTIFICATION

The 18th March, 2025

No. S.O.23/P.A.11/2023/S.1/2025.- In exercise of the powers conferred by sub-section (3) of section 1 of the Punjab Canal and Drainage Act, 2023 (Punjab Act No. 11 of 2023), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to notify the 1st day of April, 2025 as the date on which the provisions of the said Act shall come into force.

KRISHAN KUMAR, Principal Secretary to Government of Punjab,

Department of Water Resources.

3350$3-2025/Pb. Govt. Press, S.A.S. Nagar 163

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PART-III

GOVERNMENT OF PUNJAB

DEPARTMENT OF WATER RESOURCES

NOTIFICATION

The 18th March, 2025

No.G.S.R.12 /P.A.11/2023/S.60/2025.- In exercise of powers conferred by section 60 of the Punjab Canal & Drainage Act, 2023 (Punjab Act No. 11 of 2023), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, to carry out the purposes of the said act, namely: -

RULES

1. Short title and commencement: (1) These rules may be called the

Punjab Canal and Drainage Rules, 2025.

(2) They shall come into force on and with effect from the date of their

publication in the Official Gazette.

Section 60 2. Definitions: (1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Punjab Canal and Drainage Act, 2023;

(b) "Beneficiary" means any entity which is going to benefit from the execution of a scheme of drainage works for a purpose other than agriculture;

(c) "Canal Patwari" means an employee appointed by such name or assigned the task to be carried out by Canal Patwari to any employee by the Competent Authority;

(d) "Department" means the Department of Water Resources, Government

of Punjab;

(e) "Deputy Commissioner" means the Deputy Commissioner of a district;

(f) "Drainage Inlet" means any structure or pipeline in the embankment for

draining the water of the catchment into the drainage channel;

(g) "Drainage outlet" means any structure or pipeline in the embankment

for taking out the water from the drainage channel;

(h) "form" means a form appended to these rules;

(i) "Headman/Lambardar" means Head or Lambardar as defined in the

Punjab Land Revenue Rules, 1888;

(j) "Private tubewell" means a tubewell other than State tubewell;

(k) "remand" means to return a court case to the lower court so that the

lower court can re-consider the case;

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(l) "RD" means reduced distance and is distance of any point on the canal from fixed reference and will have usual meaning as used in common parley in the department;

(m) "Schedule of water rates" means the schedule of water rates appended

to these rules; and

(n) "Water allowance" means the discharge authorised for a given culturable

commanded area;

(2) The words and expressions used in these rules, but not defined therein and defined in the Act shall have the same meaning respectively as assigned to them in the Act.

Section 13 3. Alteration in outlet– No alteration in any outlet shall be carried out during the period from the 11th May to the 30th September of a year and from the 16th November to the 31st March of the following year without obtaining the prior approval of the Chief Canal Officer.

Section 11 4. Order for construction of works– (1). All orders and notices served on or given to any person under the provisions of these rules shall be in writing.

(2) An order under section 11 shall be served on the person concerned or his representative in the manner as specified in rule 79.

Sections 13 and 20

5. Application for water - An application under sections 13 or 20, of the Act shall be in Form-I and shall be stamped in accordance with law in force relating to court fees.

Section 6 6. Procedure regarding tubewell– No action shall be initiated against

any person by the Divisional Canal Officer without issuing due notice.

Section 14 7. Form and manner of publication of schemes– (1) All schemes prepared under section 13 shall be published for inviting objections and suggestions by fixing a copy thereof in a conspicuous place in the village or villages concerned such as dharmshala, panchayat ghar etc., displaying the sketch plan, the name of village or villages, the name of canal and RD of outlet, the date on which the scheme shall be explained by the Divisional Canal Officer and any other necessary information, which the Divisional Canal Officer may deem fit.

(2) The Lambardar shall be informed about the scheme and he, in all the affected villages, shall, by beat of drum or by verbal proclamation through loudspeaker at common place of gathering or worship in village or in any other customary manner either through physical or digital means, announce the place where the detail of the scheme can be inspected.

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The acknowledgement of Lambardar and his statement of having announced and given publicity shall be recorded and shall be conclusive proof of such announcement and publicity.

Section 15 8. Manner of publication of rejection of scheme or particulars of scheme approved and modified- The Divisional Canal Officer shall publish the fact of rejection of a scheme or the particulars of the scheme approved or modified by him under sub-section (2) of section 14 in the manner specified in rule 7.

Section 16 9. Procedure for hearing appeals by Superintending Canal Officer– (1) All appeals preferred must be made by a written petition signed by the appellant. Such petition may be delivered at the office of the Appellate authority by the appellant in person during office hours or forwarded through post, either ordinary or registered.

(2) All appeals shall be accompanied with such fees and in such form as may be notified by the State Government.

(3) No order or direction shall be passed by the Superintending Canal Officer unless the opposite party or the persons affected, if any, have been given an opportunity of being heard by giving a notice of not less than fourteen days.

Sections 11and 13 10. Commissioning of new watercourses- For affording proper communications and convenience of the neighbouring lands, water shall not be released into any new watercourse until all works necessary for the passage across such watercourse or watercourses existing prior to its construction and of the drainage intercepted by it, are completed to the satisfaction of the Divisional Canal Officer.

Section 17 11. Manner of publication of notice- When the Divisional Canal Officer either of his own motion or on receipt of an application from shareholder(s) proceeds under section 17 to acquire any land required for implementation of the scheme, the Divisional Canal Officer shall cause a sketch plan to be prepared showing the alignment of proposed watercourse(s), and giving identification numbers of the fields, acquisition of which in his opinion is necessary for such watercourse(s), and publish the same in the manner specified in rule 7.

Sections 18 and 19 12. Procedure for recovery of cost- (1) Before proceedings are taken to recover the cost under sections 18 or 19 from shareholder(s), the Divisional Canal Officer, after determining the proportionate share of cost recoverable from each shareholder shall send a notice of demand in writing to each shareholder specifying the amount 166

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recoverable from him under sections 18 or 19, as the case may be.

(2) Any person(s) aggrieved by a notice of demand may, within a period of fourteen days of the receipt of the notice, submit an application raising his objections in writing to the Divisional Canal Officer. The orders of the Divisional Canal Officer passed thereon after such enquiry, shall be final.

(3) The term "cost" in section 18 shall be deemed to mean the total cost of execution of the work and shall include the cost of land, if any, acquired for the execution of the work, departmental charges and such other incidental charges as may be ordered by the State Government.

Section 22 13. Supply of canal water for purposes other than irrigation - (1) An application for supply of water for any purpose other than irrigation shall be made in Form II.

(2) If such sanction of water supply to the applicant, in the opinion of Divisional Canal Officer, leads to excessive or wasteful use of water, or cause, or contribute to cause damage or injury to such land or any other land or cause loss or injury to the cultivator of any other land, then, the Divisional Canal Officer may refuse to sanction supply of canal water.

Section 22 14. Restriction on supply after sanction: – (1) No supply of water shall be granted if, after due enquiry, the Divisional Canal Officer is of the opinion that the sanctioned supply of water given to any applicant has been wasted or used for the purposes not covered by sanction. The Divisional Canal Officer may stop the supply of water under information to such an applicant.

(2) An application for revision or appeal may be preferred to the Superintending Canal Officer against the order of the Divisional Canal Officer issued under sub-rule(1), within thirty days from the date of such order.

Section 22 15. Water power – The Divisional Canal Officer may grant use of water power at such rates and subject to such conditions as may be notified by the State Government.

Section 23 16. Stoppage of supply of water-An order to stop the supply of water to any watercourse under clause (a) of sub-section (1) of section 23 shall be conveyed as per procedure specified in rule 78.

Section 23 17. Report of closures– (1) The Divisional Canal Officer shall immediately report to Superintending Canal Officer of all closures under clauses (a), (b) or (c) of sub-section (1) of section 23 of the Act.

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Section 23 18. Power of Canal Officer to stop water supply - (1) Nothing in the rules shall be taken to affect the power of a Canal Officer not below the rank of Sub-divisional Canal Officer to temporarily close any water course or stop any supply of water on his own authority in cases which he deems to be of pressing emergency.

(2) A copy of order passed by the Canal Officer under sub-rule (1), with note explaining the circumstances leading to the order of closure or stoppage of any supply of water, shall be forwarded to the Superintending Canal Officer who may cancel or confirm such order.

Sections 24 and 25 19. Charges for canal water used in unauthorised manner or suffered to run to waste - (1) The charges for water supplied through a canal used in an unauthorised manner or suffered to run to waste shall be levied at the rate of Rs. Two thousand five hundred per acre in case of unsown or sown land. This charge in case of unauthorised use of water for purposes other than irrigation shall be a minimum of Rupees Two thousand five hundred per day of unauthorised use or higher depending upon paucity of water as determined by the Division Canal Officer. The charges shall be in addition to the water rate otherwise chargeable and to such penalties as may be imposed under section 52.

(2) The charges mentioned in sub-rule (1) may, by notification, be revised by the State Government from time to time:

Provided that if the person or persons using water in an unauthorised manner or suffering it to run waste cannot be identified, the persons chargeable shall be determined in accordance with the provisions of section 24 or 25 of the Act, as the case may be:

Provided further that the charges under this rule may be imposed

for each distinct and separate occasion on which water is so used.

(3) All the special charges so levied on the person or persons under sub-rule (1) shall be recoverable as arrears of land revenue, if not paid by such person(s).

Sections 24, 25 and 26

20. Supply of information to Divisional Canal Officer– (1) The Sub-Divisional Canal Officer shall institute a summary inquiry against the persons responsible for the unauthorised use or waste of water and thereafter, proceed to determine under sections 24 or 25, as the case may be.

(2) The Sub-Divisional Canal Officer shall give to the parties concerned due notice of date, time and place of hearing in such enquiry in the manner under rule 78.

(3) In case of failure of any of the persons to attend in spite of service of 168

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notice under sub-rule (2), the Sub-Divisional Canal Officer shall proceed ex-parte and give his decision after recording such evidence as may be produced or such other evidence as he may deem necessary.

Sections

24 and 25

21. Appeal - An appeal against the decision made under rule 20 shall lie to the Divisional Canal Officer within thirty days of passing of order by Sub-Divisional Canal Officer.

Section 22 22. Filling of tanks or village ponds: - (1) Tanks or village ponds, within the irrigation boundary, may, subject to the following provisions, be filled with canal water without charge and without reference to the area irrigated in any village whenever water can be made available without injury to the cultivation dependent on any canal:-

(a) No tank or pond shall be so filled unless exclusively used for drinking

purposes of cattle or for watering cattle.

(b) The Lambardar of a village or Sarpanch of the Gram Panchayat of village or any person or group of persons residing in the concerned village in which there are one or more tanks or ponds, for which a supply of canal water is required, shall apply to the Divisional or Sub-Divisional Canal Officer. In addition to this the canal patwari should also identify the ponds or tanks in villages under his jurisdiction, which require canal water and report to Sub-Divisional officer. The Sub-Divisional Canal Officer, on receipt of the application and after further enquiries that he may deem necessary shall pass an order stating the number and names of the ponds or tanks to which canal water may be supplied. A written licence in the terms of this order shall be given to the applicant by the Sub-Divisional Canal Officer and shall remain in force until revoked by a written order of the Divisional Canal Officer.

(c) Tanks shall be filled at such time as may be directed by the Divisional or Sub-Divisional Canal Officer either by a general or by a special order. If it is desired to fill a tank at any other time, written application shall be made to that effect. The filling of tanks shall be permitted only at such time and to such extent as the Divisional or Sub-Divisional Canal Officer may approve.

(d) No pond or tank shall be so filled, when the watercourse used to fill it is in the opinion of the Sub-Divisional Canal Officer, in an unsound or unfit condition for supply.

(e) The licence granted under clause (b) may, for breach of any of 169

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foregoing provisions, in addition to any penalty, which may be incurred under the Act, be suspended for a period of one year, under a written order of the Divisional Canal Officer passed on a regular proceeding and enquiry in each case. For such an order, no appeal shall lie to the Superintending Canal Officer.

(f) In cases in which ponds or tanks have been filled without obtaining the licence under clause (b) or during the period of its suspension under clause (e) or at time other than those prescribed by the Divisional or Sub-Divisional Canal Officer under clause (c) the water so filled into such tanks may be charged for at such rate, not exceeding the rate for the time being in force for water supplied in bulk for commercial purposes as the Divisional Canal Officer may in each case, directs. An appeal against such decisions of the Divisional Canal Officer shall lie to the Superintending Canal Officer.

(2) Tanks or ponds outside the irrigation boundary may be filled with canal water for drinking of cattle or for watering cattle on sanction by the Chief Canal Officer under such conditions as may be laid down in each case.

(3) Tanks or ponds constructed for recharge of ground water purposes on common village land or panchayat or government land shall be allowed to be filled with canal water by Divisional Canal Officer with intimation to Superintending Canal Officer. Permission shall assumed to be confirmed, if no objection is received from Superintending Canal Officer within fifteen days.

(4) Tanks or ponds may be filled with canal water for the purpose other than those mentioned in sub-rules (1), (2) and (3) and canal water shall be charged for at the rates mentioned in the scheme of water rate for bulk supplies as notified by State Government.

Section 27(1) 23. Contracts- (1) The Divisional Canal Officer may make a contract for any term upto three years, for the supply of canal water for purposes other than those for irrigation as mentioned in section 27 of the Act, in first instance, with the previous sanction of State Government.

(2) The Divisional Canal Officer shall be empowered to renew these contracts for the supply of canal water for purposes other than irrigation for any terms not exceeding three years.

(3) For renewal of terms exceeding three years, the previous sanction of Superintending Canal Officer shall be necessary.

Explanation-: Whenever there is a change in purpose or quantity of supply of 170

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water, the owner or occupier, as the case may be, shall bring the same to the notice of the Divisional Canal Officer by a written application. Any revision into such agreement shall be done with the prior approval of the State Government.

Section 28(1) 24. Water cess for fields partly irrigated - If only a portion of field is irrigated, the water cess shall be chargeable on the whole field, unless such portion has been clearly demarcated by a well defined ridge (Watt).

Section 28(1) 25. Water cess on fields partly irrigated from canal, partly from wells or other sources - When a portion of a field has been irrigated with canal water and portion with water from a well or any other source the whole field shall be treated as irrigated with canal water.

Section 28(1) 26. Use of canal water course for conveyance of water from well or any other source - If water from a well or any other source is conveyed through a canal water course in the same season, the whole of the irrigation through that canal water course during such season shall be treated as irrigation from the canal.

Note: Irrigation from canal shall also include irrigation from any escape channel

for the purpose of levy of water cess.

Section 27 27. Water rate on hourly basis - Notwithstanding anything contained in these rules, the State Government may, by notification, determine and charge the water for purposes other than irrigation on hourly basis.

Section 28(2) 28. Deemed occupiers– (1) For the purposes of section 28 of the Act, the

following persons shall be deemed to be occupiers, namely: -

(a) where the land is in the actual cultivating occupancy of a land owner, such land owner;

(b) where the land is in the actual cultivating occupancy of a tenant or sub-tenant, and the rent is not paid through a contractor, the landlord and such tenant or sub-tenant;

(c) where the land is in the actual cultivating occupancy of a tenant or sub-tenant but the rent is paid through a contractor, the landlord and the contractor and such tenant and sub-tenant; and

(d) where the land is in the actual cultivating occupancy of a mortgagee holding from a landlord or tenant or sub-tenant such mortgagee and the mortgagor.

(2) In the cases referred to in clauses (b), (c) and (d) of sub-rule (1),

(a) the landlord, tenant and sub-tenant; or

(b) the landlord, contractor, tenant and sub-tenant; or 171

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as the case may be, shall be jointly and severally liable for the payment of the water cess.

Explanation-: The expressions, "land-owner", "landlord" and tenant in this rule shall have the meanings respectively assigned to them in the Punjab Land Revenue Act, 1887 (Punjab Act No.17 of 1887) and the Punjab Tenancy Act, 1887 (Punjab Act No. 16 of 1887).

Sections 28 and 60(2) 29. Recording of irrigation for assessment of water cess - The Canal Patwari shall record in Form-III, either in physical form or e-register or in any other electronic or digital form, the field number, names of owner and cultivator, area irrigated and crop sown and other relevant information.

Sections 28 and 60(2) 30. Assessment and realisation of water cess.- The amount of water cess to be realised from a user shall be determined and apportioned by the Divisional Canal Officer. The amount so determined shall be shown in a demand statement (Khatauni) as per Form-IV and the same shall be realised by the Divisional Canal Officer.

Section 60 31. Demand statement (Khatauni) to be accessible to villagers.- The demand statement (Khatauni) with the canal patwari of the village shall be open to inspection by the persons who are liable to pay water charges.

Sections 28,29 and 60 (2) 32. Distribution of demand slips (Parchis).- (1) As soon as the demand statement (Khatauni) in respect of a village under the charge of the Canal Patwari is complete, he shall prepare demand slips as per Form-V and inform the Lambardars of the village, the dates on which the same shall be distributed in the village. The Lambardars shall call upon the irrigators to attend and receive demand slips from the Canal Patwari. Undistributed demand slips shall be entrusted to the Lambardars of the village. The Canal Patwari shall in every case endorse the date of distribution on the demand slips. The Canal Patwari shall deliver the demand slips to the Irrigators or Lambardars concerned within ten days of the completion of demand statements of the Halqa.

(2) The Zilledar shall exercise a check over the proper distribution of the demand slips by the Canal Patwari and Lambardars. All the Lambardars in a Zilledar's section shall return the acknowledgement of the cultivators for fee receipt of demand slips within seven days of the receipt of demand slips by them from the Canal Patwari.

(3) The Zilledar on receipt of the report from the Canal Patwari shall prepare a list showing the names of Lambardars who failed to distribute 172

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the demand slips to the cultivators within the period specified in sub-rule (2) and shall submit the same for appropriate orders of the Divisional Canal Officer.

Sections 28, 29 and 60 (2)

33. Filing of objections in respect of entries relating to Khasra Nehri and Khatauni – (1) If a cultivator desires to contest the correctness of the entries relating to him in the demand statement or Khasra Nehri whether as to the fact of the land having been irrigated or not, he may file an objection before Zilledar, within ten days of the date on which the demand slips were distributed on completion of the demand statement of the village, that he has been charged without having done any irriga- tion from the canal during the harvest under assessment or if no demand slips has been delivered either to him or to the Lambardar within ten days of the date on which he first becomes acquainted with the claim against him. The claim shall be investigated on the spot within seven days of filing the objection and shall be promptly decided by the Zilledar. The orders of Zilledar in such cases shall forthwith be communicated to the objector.

(2) The orders of Zilledar in such cases shall be subject to appeal to the Deputy Collector within thirty days.

Sections 28, 29 and 60(2)

34. Method of dealing with alterations in the demands.- If after delivering the demand slip, any addition is made to the demand or any reduction is allowed on an objection filed under rule 33 or by way of remission under sub-section (2) of section 23 or otherwise, such addition or deduction shall be communicated to the cultivator by means of supplementary demand slips. Demand shall be shown in black ink and remissions in red ink. All such alterations as are made before the despatch of the khatauni shall be included therein, and shall also be written on slips in black ink for additions and in red ink for deductions and attached to the Khatauni.

Section 60 (2)

35. Payment of remuneration for collection of water cess.- (1) The remuneration of Lambardars or other persons collecting water cess from cultivators, shall be three per cent of the amount collected on account of water cess on the condition that the amount due has been paid by the date fixed by the Divisional Canal Officer and that the Lambardar has performed his duty connected with the assessment such as personal attendance or deputation of a proper substitute at the time of measurement and correct report of irrigation.

Provided that it shall be at the discretion of the Divisional Canal Officer to withhold the whole or part of remuneration specified herein, in the event of above conditions not being complied with.

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(2) The Canal Patwari shall supervise the collection of water cess and ensure that the same is deposited in timely manner with the competent authority.

Section 60 (2) 36. Receipts of water cess.- (1) The Lambardar or other person authorised to make collection of water cess shall issue receipt to each cultivator on payment of water cess by such cultivator.

(2) In case Lambardar or other person authorised to make collection does not provide the receipts to the shareholders, he shall be tried for financial impropriety in a court of law.

(3) The Deputy Collector and Zilledar concerned shall check one percent and five percent respectively, of the Culturable Command Area (CCA) under their jurisdiction regarding the distribution of receipts after realization of water cess by the Lambardar or the other person authorised to make collection.

Section 32 37. Charges of navigation.- When a canal is declared by the State Government open for navigation for trade, tourism, sports etc., charges on vessels, boats, rafts, plying thereon shall be levied at such rates as may be determined by the State Government from time to time and published by notification in the Official Gazette.

Section 32 38. Ferry and steam or motor boats.- Ferry and steam or motor boats shall not be permitted to ply on the canal except under written licences in forms VI and VII respectively from the Divisional Canal Officer, and shall be subject to conditions laid down therein. An appeal against an order revoking such licences may be preferred within a period of thirty days to the Superintending Canal Officer, whose order shall be final.

Section 32 39. Measurement.- Every boat or raft entering a canal shall be liable to measurement for the purpose of ascertaining the charges. The boat or raft shall pay, according to the schedule of rates in force from time to time.

Section 32 40. Number.- Every boat, at the time of first measurement shall be given a serial number by which it shall be distinguished while plying on the canal. The number shall be fixed on the part of left hand bow of the boat and shall not be less than twenty centimetres in height and shall be of such a colour as to be easily distinguishable at a distance of one hundred metres.

Section 32 41. Ticket.- Every boat on entering a canal shall be furnished with a ticket in Form VIII, which shall specify the number of the boat, the date on which it entered the canal, the name of the owner of the boat, his occupation and place of abode, and the name of the person incharge of 174

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the boat. Upon leaving the canal, the Divisional Canal Officer or any person authorized by him shall write on the ticket, the date of leaving and shall return the ticket to the person in charge of the boat.

42. Dimension.- No boat above the dimensions or specifications as decided

Section 32

by State Government through notification shall be allowed in a canal.

Section 32 43. Charges when payable.- The charges on boats are payable in advance and no boat shall be allowed to leave any canal on which it is plying, until all the charges have been duly paid. The officer granting permission for the boat's removal shall sign the certificate at the foot of the ticket given under rule 41 after satisfying himself that all charges in respect of the boat have been paid.

Section 32 44. Receipt for charges.- The charges may be paid either to the Divisional Canal Officer or to the person appointed by him (hereinafter called the agent), at any of the station, and a receipt in Form IX shall be granted for the same.

Section 32 45. Pass to be shown when required.- It shall be obligatory on the person incharge of a boat to show the ticket granted under rule 41 when called upon to do so by the Divisional Canal Officer or the agent.

Section 32 46. Boat or raft to be navigated by two persons.- (1) No boat or raft shall be navigated by less than two persons in any canal, except wherein rafts whose length do not exceed seventeen metres may be navigated by one adult person per raft.

(2) Any boat or raft in sports activity in canal shall be navigated by such number and type of persons as may be decided by the State Government in consultation with the Sports Department and the same shall be notified by State Government from time to time.

Section 32 47. Pass for raft - Passes in Form X shall be granted to persons wishing to float rafts down a canal upon application to the Divisional Canal Officer, or the nearest agent. No raft unprovided with a pass shall enter a canal.

Section 32 48. Removal of rafts from canal - On reaching the destination specified in the pass, the person incharge of rafts shall, within two days, deliver the said pass to the local agent who, if the canal and other vessels therein are in good order, shall authorise removal of the raft, which shall be done within five days from the time of permission being granted, unless written authority to defer removal be given by the agent.

Section 32 49. Divisional Canal Officer empowered to remove rafts- Rafts not removed within the time specified in rule 48 and rafts found unattended may be taken out of the water by the Divisional Canal Officer or his agent.

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Section 32 50. Rafts without passes- Any raft not provided with a pass found in a canal may be charged at double the rate reckoned on the distance from the head of the canal to the place where rafts shall be removed from the canal.

Section 32 51. Double rates to be charged for excess quantity shown in pass- Double rates shall be leviable on all articles in excess of the quantity of each kind specified in the pass granted under rule 47.

Section 32 52. Removal of rafts lodging against canal works- Every person floating a raft in a canal shall so navigate it that it shall not lodge against any canal works and if any raft so lodges or causes obstruction, it shall at once be broken and removed by any Canal Officer on the spot.

Section 32 53. Masts - Boats must have their masts so that can be let down with ease and speed and no mast shall be so high as to strike or scrap any bridge under which the boat may pass.

Section 32 54. Boats and rafts to be fastened - Every boat or raft which is brought alongside a canal bank or wharf must be securely fastened from its front and rear to the bank or wharf.

Section 32

55. Boats and rafts to be moored so as not to obstruct traffic - No boat or raft shall be placed in such a position as to endanger the safety of other boats, or rafts, or to obstruct their passage or to impede navigation and no bamboo or pole shall be allowed to be erected or to remain erected or vessels moored to the bank.

56. Every boat or raft to be manned - Every boat or raft floated on a Section 32 canal shall at all times have person in attendance on board.

Section 32

57. Wrecks - In every case of a wreck or obstruction of a canal by a sunken or partially sunken boat or raft, the Divisional Canal Officer may call upon the owner or person incharge to remove the same without delay. If the owner or the person incharge does not remove or refuses to remove the wreck or obstruction or if he does not within forty-eight hours commence to remove the wreck or obstruction, then the Divisional Canal Officer may undertake the removal under section 32 of the Act.

Section 32 58. Banks or berms not to be used as wharves - The banks or berms of the canal shall not be used as wharves for the deposit of goods, except with the permission of the Divisional Canal Officer.

Section 32 59. Goods to be removed from canal lands- All goods shall be removed from canal lands within seven days unless the written permission of the Divisional Canal Officer to their remaining for a longer period is obtained. All goods deposited on canal lands shall be properly stacked 176

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and so placed as not to interfere with other traffic. In the event of such goods not being removed when required, they shall be charged at such rate as may be notified by the State Government. When goods are susceptible of being reckoned by weight, proportionate charge shall be determined by the Divisional Canal Officer when the goods are reckoned by number. Nothing contained herein shall apply to canal warehouses maintained by the department.

Section 32 60. Boats or rafts liable to be examined.- Any boat or raft plying on a canal may be examined by any Canal Officer not below the rank of a Sub-Divisional Canal Officer, or by any agent provided that there is reason to believe that the owner or the person incharge thereof is attempting to evade the provisions of the Act and these rules.

Section 32 61. Canal closures.- Any canal may be closed for the executing of works on one month's notice published in the Official Gazette. Any canal may also be closed at any time without notice in the event of any sudden emergency, and no claim for compensation for unavoidable detention resulting from such closure, or from the depth of water being at any time unavoidable reduced in the canal or from the failures or any weir, lock bridge or other works in the canal bed shall be made by any owner or person incharge of any boat or raft navigating the canal.

Section 38 62. No objection certificate before commencing any construction.-

(1) Any person or entity interested in constructing structure or a project or a building, shall obtain a No Objection Certificate from the department before the commencement of such construction, if it falls within such distance as may be notified by the State Government from time to time from the notified boundary of a river, stream, lake or drain. The authority responsible for approval of building plans shall be responsible to ensure the same. The Guidelines to be followed for No Objection Certificate shall be notified by the State Government.

(2) The State Government shall endeavour to digitalise the data for notified width of rivers and drains on Geographic Information System platforms for facilitation of plan sanctioning authorities. Only those projects which fall within one hundred fifty meter of the notified boundary of a river, stream, lake or drain shall be required to obtain a No Objection Certificate. The concerned plan sanctioning authority shall refer only such cases to the department.

(3) Any application received for No Objection Certificate shall be decided within twenty one days of receipt provided the same is complete as per 177

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such format, as may be notified by the State Government.

(4) The department shall develop online portal for processing such applications for timely disposal.

Section 38 63. Permission for laying of a pipe line etc.-

(1) Any public or private entity shall be required to take permission from the department to lay a pipe line or syphon or water course crossing or any such structure on a river, stream, lake or drain as per the policy to be notified by the State Government from time to time.

(2) The entity shall also be required to get the General Arrangement Drawing vetted from such officer of the department as may be notified by the State Government.

(3) The application for permission shall be decided within twenty-one days after its receipt provided that all fees and charges, as may be notified by the State Government, are paid by the applicant.

(4) The department shall develop online portal for processing such applications for timely disposal.

Section 38 64. Permission for installing an inlet or an outlet structure-Any person who intends to install a drainage inlet or a drainage outlet structure across the embankments of a river, stream, lake or drainage channel, shall apply for such permission to the Divisional Canal Officer. The Divisional Canal Officer shall decide such application within fifteen days from the date of its receipt. While granting a permission, the Divisional Canal Officer shall also provide to the applicant, the design of such a structure as vetted by the design wing of the department which shall be mandatory to be followed while executing such work.

65. Prohibition of plantation in river etc.-

Section 38 (1) Plantation of any kind including trees whose height is more than four feet shall not be permitted on the inner side of embankments of a river, stream, lake or drainage channel notified under section 38 of the Act, without prior permission of the department.

(2) The Divisional Canal Officer shall decide on such applications within fifteen days of its receipt after satisfying himself that such plantation shall not cause any obstruction in the smooth flow of water.

(3) Any existing plantation on the embankment shall not be removed without prior permission of the department.

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66. Power to remove obstruction.-

Section 39

(1) The Divisional Canal Officer, or the person on his behalf, may, after notification under section 38 of the Act, issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time period of not more than fourteen days as may be specified in the order. In case of an emergent situation, as deemed fit to the Divisional Canal Officer, no such notice shall be liable to be served for removal of any kind of obstructions under section 39.

(2) If within the time so specified, such person does not comply with the order, the concerned 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 as arrears of land revenue.

Section 41 67. Mode of publication of schemes for drainage works.- A scheme under section 41 of the Act for drainage works to be prepared by the Divisional Canal Officer for a private beneficiary, who is involved in activities other than agriculture, shall be published in the manner specified in the rule 7 alongwith an estimate of its cost and statement of the proportion of such cost which the State Government proposes to defray, and a schedule of the beneficiaries to whom the cost is chargeable in respect of the scheme.

Section 41 68. Cost of drainage works.- The term "cost" in section 41of the Act shall be deemed to mean the total charges of construction of the drainage works and shall include the cost of land, if any acquired for the drainage works, departmental charges, and such other charges as may be ordered by the State Government in accordance with its financial rules.

Section 43 69. Calculation of costs- The portion of the cost to be recovered from the

beneficiary of the scheme, shall be worked out as per Form XI.

Section 43 70. Mode of payment- (1) On publication of the scheme for drainage works, the Divisional Canal Officer shall serve a notice to the beneficiary, within a period of fifteen days of the date of such publication, with regard to payment of cost of such scheme.

(2) The beneficiary shall be liable to deposit the total cost involved in the scheme with Divisional Canal Officer within one month from such intimation.

(3) However, in case the land acquisition is involved in the scheme, then beneficiary shall be liable to deposit twenty five percent of total cost within one month of intimation. Balance seventy 179

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five percent shall be deposited after the decision of the competent authority under section 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013):

Provided that in case the beneficiary arranges the land on his own, he shall not be required to deposit the cost of land.

Sections 43 and 60 (2) 71. Procedure for recoveries.- Any amount due from a beneficiary under a notice of demand for cost of drainage works shall be recovered as arrears of land revenue.

Section 60(2)(e) 72. Excavation of ordinary earth in case of emergency.- Nothing can be prohibit a Divisional Canal Officer or the person on his behalf to excavate ordinary earth from any public or private land for use in plugging the breaches and strengthening of embankment of drainage work in an emergency situation like floods. Compensation in such cases, if admissible, shall be given as per section 9 of the Act.

Section 60(2)(e) 73. Power to use any land as pathway.- Nothing can prohibit a Divisional Canal Officer or the person on his behalf to use any public or private land as a pathway for plugging the breaches and strengthening of embankment in an emergency situation like floods.

74. Prohibition on construction of new embankment.-

Section 60(2)(e) (1) No new construction or modification of embankment to any river, lake, stream or drainage channel, shall be allowed within the area notified under section 38 of the Act without the prior permission of the Chief Canal Officer.

(2) Construction of new road on the existing embankment by the Public Works Department or Punjab State Agricultural Marketing Board or any other Government department shall be allowed after due consideration by the department. However, the same shall not be allowed within the embankments of such a river, lake, stream or drainage channel.

(3) Any such permission under this rule for construction shall be subject to the condition that it may be removed if it obstructs the smooth flow of water.

Section 47(1) 75. Application for distribution of water (warabandi).- An application under sub-section (2) of section 47 of the Act shall be in Form XII and shall be stamped in accordance with law in force relating to court fees.

76. General prohibition.- No person employed on a canal shall, without Section 60(2) 180

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previous sanction of the State Government, have any interest in the distribution or use of water from the said canal, or purchase, or bid for any government property sold thereon either in his own name, or in the name of another or jointly, or in share, with other.

Section 60(2) 77. Proceeding to be taken in summary manner.- All proceedings under sections 12,13,14,15,16,17,20,23,24,25,26,41,47 and 53 of the Act shall be taken in a summary manner and any officer, who is required or empowered to take action in any matter under any of these sections shall, unless for reasons to be recorded in writing by him it is not practicable to do so, decide such matter within a period of four months. A brief memorandum of evidence produced in such proceedings shall be prepared by the officer hearing them.

Section 49 78. Service of summons and notices and publication of notices, proclamations

etc.-

(1) Every summon, notice, order, requisition or proclamation under the Act or these rules which is required to be served, issued, delivered or communicated to any person or published for general information, shall be so served, issued, delivered or communicated to any person or published for general information, as the case may be, as hereinafter provided.

(2) Every such summon, notice, order, requisition or proclamation shall be drawn up in writing and dated and signed by the officer having authority to issue or make the same.

(3) Every public notice or proclamation shall be issued or made by pasting

certified copies thereof;-

(a) at the office of the officer giving or making the same in such manner

that such notice shall be accessible to the public;

(b) at convenient places in the locality or near the residence of the persons affected thereby, and by beat of drum or oral proclamation or through digital media; and

(c) by verbal proclamation through loudspeaker of common place of worship(s) in village or in any other customary manner. The acknowledgement of the priest of such common place of worship and his statement of having announced and given publicity shall be recorded as conclusive proof of such announcement and publicity.

(4) Every summon, notice, order, requisition under the Act or these rules shall be served personally on the person to whom it is addressed, or failing him, on his recognised agent, or on an adult member of his family 181

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usually residing with him.

(5) When the serving officer delivers or tenders summon, notice, order or requisition which is required to be served on, delivered or communicated to any person personally, or to an agent or other person on his behalf, he shall require the signatures of the person to whom the summon, notice, order or requisition, as the case may be, is so delivered or tendered to, as an acknowledgement of service endorsed on the copy of such summon, notice, order or requisition.

(6) If service cannot be so made, or if acceptance of service so made is

refused, the summon, notice, order, requisition may be served;-

(a) by pasting a copy thereof at the usual or last known place of residence of the person to whom it is addressed or if that person does not reside in the district in which the Canal Officer is employed, and the case to which the summon, notice, order, requisition relates has reference to land in that District, then by pasting a copy of the summon, notice, order, requisition on some conspicuous place in or near the estate wherein land is situated; or

(b) if the Canal officer so directs, on the person named therein, either in addition to or in substitution for any other mode of service, by forwarding the summon, notice, order, requisition by post in a letter addressed to the person and registered under the Indian Post Office Act, 1898 (Central Act No.6 of 1898).Given that it is proved that the said summon, notice, order, requisition was properly addressed and duly posted and registered, the Canal Officer may presume that the summon, notice, order, requisition was served at the time when the letter would have been delivered in the ordinary course of post; or

(c) either in addition to or in substitution for any other mode of service, by e-mail, FAX, commonly used instant messaging services, or any other digital platform; or

(d) either in addition to or in substitution for any other mode of service in the form of any electronic record as provided in Chapter IV of the Information Technology Act, 2000 (Central Act No. 21 of 2000).

(7) If the service of summon, notice, order, requisition relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, then summon, notice, order, requisition may be served by,

(a) delivery of a copy thereof to such of those person(s) as the Canal Officer nominates in this behalf; or pasting copies thereof at convenient places in the locality, village etc. or near the residence of the persons 182

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affected thereby;

(b) proclamation of the contents thereof for the information of persons interested in a conspicuous place in the village or villages concerned such as dharmshala, panchayat ghar etc.; and

(c) verbal proclamation through loudspeaker at common place of worship(s) in village or in any other customary manner. The acknowledgement of the priest of such common place of worship and his statement of having announced and given publicity shall be recorded as conclusive proof of such announcement and publicity.

Section 52 79. Power to inspect the premises.- Any person authorized by the Divisional Canal Officer, upon such information, that any public or private entity including any residential colony or an industrial unit, is polluting any drainage channel, may inspect the premises of such entity including any sewage or effluent treatment plant installed therein. Divisional Canal Officer may proceed against such entity as provided in section 52 of the Act upon finding any violation.

Section 60(2) 80. Power to sanction water allowance.- In the absence of specified delegation, no officer shall authorise any change in the water allowance sanctioned by the State Government.

Section 60(2) 81. Construction of new channels.- No new Government irrigation channel shall be constructed in the area already under irrigation without the prior approval of the Chief Canal Officer.

Section 60(2) 82. Abandonment and extension of Government irrigation channels.- No Government irrigation channel shall be abandoned or extended without the prior approval of the Chief Canal Officer.

Section 60(2) 83. Change in irrigation boundaries.- No change shall be made in the irrigation boundary of a canal project without the prior sanction of the Chief Canal Officer, irrespective of whether the change refers to the exclusion of an area already included within the irrigation boundary or to the inclusion of a new area.

Section 60(2) 84. Interpretation.- The expression "court" used herein after denotes the officer to whom in the particular case an appeal may be preferred under the provisions of the Act or the rules made thereunder for the time been in force.

Section 60(2) 85. No appeal except when expressly given.- No appeal shall lie from any decision or order given or made, except when the same is expressly allowed by the Act or the rules made thereunder for the time being in force.

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Section 60(2) 86. Power to transfer cases and appeals.-

(1) On the application of the complainant or concerned litigant or on its own motion or on the request of concerned Canal Officer with valid reasons including conflict of interest, the Chief Canal Officer may, after affording opportunity of hearing to parties concerned, at any stage of the proceeding, in the interest of justice, transfer any case or appeal pending before the Superintending Canal Officer of one Circle to Superintending Canal Officer of another Circle or from one Divisional Canal Officer to any other Divisional Canal Officer.

(2) Whenever an application is presented to a Superintending Canal Officer of Circle by the complainant or concerned litigant or on the request of the Divisional Canal Officer with valid reasons including conflict of interest, then after hearing parties concerned which is expedient for the ends of justice, the Superintending Canal Officer may transfer case or appeal from one Divisional Canal Officer to another Divisional Canal Officer under his jurisdiction.

(3) All the matters as mentioned in sub-rules (1) and (2) shall be decided

within seven days of receipt of application.

Section 60(2) 87. Limitation.- (1) The period within which an appeal may be filed shall be thirty days, unless any other period is expressly provided by the Act or these rules, but any appeal may be admitted after the specified period when the applicant satisfies the Court that he had sufficient cause for not presenting the appeal within that period.

(2) If the specified period expires on a day when the Court is closed the

appeal may be presented on the day the Court reopens.

(3) The specified period shall be calculated from the date of decision or order appealed from and in computing such period, the day when the decision or order was made and the time required for obtaining a copy of the decision or order appealed against shall be excluded.

Section 60(2) 88. Form of appeal.- All appeals preferred must be made by a written petition which is a document comprising of the grounds of appeal signed by the appellant. Such petition may be delivered at the office of the Appellate Authority by the appellant in person during office hours or forwarded through registered post. The application for admission of an appeal shall be stamped in accordance with the law in force relating to court fees and shall be accompanied by a certified copy of decision or order appealed against and shall state concisely the grounds upon which the appeal is preferred.

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Section 60(2)

89. When appeal may be summarily rejected.- The appeal may be rejected if, upon perusal of the grounds of appeal and the copy of the decision or order appealed against, it appears to the court unnecessary to call for the proceeding.

Section 60(2) 90. Procedure for admission of appeal.- If an application be granted, an entry thereof shall be made in a register of appeals numbered consecutively, maintained either in digital or physical form, and a day shall be fixed for the hearing of the appeal.

Section 60(2) 91. Notice of hearing.- Notice of the date and place fixed for the hearing of the appeal shall be given to the applicant in such manner as the court may direct and to every other party to the case whose, interest is opposed to that of the appellant in the manner hereinafter specified.

Section 60(2) 92. Contents of notice.- A written notice containing the name of the Court, the names of the parties, the date and place fixed for the hearing of the appeal, and such other particulars as the Court may, by general or special order, direct, shall be issued in duplicate under the hand and seal of the Court.

Section 60(2) 93. Mode of service.- All notices and processes issued in connection with appeals shall be served in the manner laid down in rule 78 in connection with the service of summons and notice generally.

Section 60(2) 94. Memorandum by serving officer.- The serving officer shall in every case endorse on the duplicate copy of a memo, signed by him, the date and mode of service, and return such copy to the Court which issued it.

Section 60(2) 95. Cost of service.- The cost of serving any notice shall be borne in the first instance by the appellant and shall be paid to the proper officer of the Court before such notice is issued. The charge made for service shall be in accordance with the lowest civil process scale for the time being in force.

Section 60(2) 96. Attendance or representation of parties not essential.- The attendance of the parties, in person or by representative, shall not be necessary at the hearing of any petition or appeal, provided that notice has been duly served upon under rule 78, but any party so attending shall be entitled to be heard.

Section 60(2) 97. Court to be satisfied before hearing that notice has been received by parties.- The Court shall not proceed to hear any appeal unless and until it is satisfied that notice of the date and place fixed for such hearing has been received by the parties concerned in sufficient time to permit them to appear or to be represented at such hearing:

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Provided that the Court may presume that notice has been received when a written notice has been served in any of the ways specified in rule 78: Provided further that an appeal may be heard and decided notwithstanding the absence of any party who is shown to the satisfaction of the court to be wilfully evading service of notice.

Section 60 (2) 98. Procedure of hearing.- (1)The Court before giving a decision shall record in writing which of the parties to the appeal are present in person or by representative, at the hearing thereof.

(2) The Court, if it thinks that further enquiry is necessary, may conduct such enquiry itself, and in such a case shall be deemed to be an officer with the power described in section 49 of the Act.

(3) When the hearing of the appeal is concluded, the decision or order of the Court, shall when practicable, be issued within seven working days on the conclusion of the appeal forthwith. Every endeavour shall be made by the Court to issue the judgment within seven working days from the date on which the hearing of the case was concluded, but where it is not practicable so to do, the Court should make all efforts to issue it within fifteen working days, otherwise the Court shall record the reasons for such delay.

(4) A copy of the decision or order shall be transmitted by the Court to the officer against whose decision or order the appeal was preferred. (5) It shall be the endeavour of Court to decide the case expeditiously and

no adjournment shall be given of flimsy ground.

Section 60(2) 99. Report of subordinates not binding.- The field reports or findings of subordinates of Canal Officer shall not be binding on him while deciding the cases on merit.

Section 60(2) 100. Supply of copies.- (1) A copy of the decision or order of the Court, either in English or Punjabi, shall be granted to any person concerned or interested therein, who shall apply for the same on payment of the proper Court fee and copying charges.

(2) Copying charges under sub-rule (1) shall be such, as may be notified by

the State Government in the Official Gazette from time to time.

Section 60(2) 101. Finality of orders and decisions of appellate Court.- Except as otherwise provided in the Act or these rules, the order or decision passed in any appeal shall be final.

Section 60(2) 102. Inspection of record- (1) Records relating to proceeding before any officer competent to decide a case under the Act or these rules shall be open to inspection by the persons interested therein or their counsel, as the case may be.

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(2) The inspection of the pending as well as the decided cases shall be subject to the control of the officer in whose charge the file may be at the time of making the application for inspection.

(3) The application for inspection of record shall be made in writing to the officer concerned specifying the record the inspection of which is desired. (4) A separate application shall be made and a separate fee paid for each record, the inspection of which is desired, unless the records are so closely connected that, in the opinion of the officer incharge of the records they may be regarded as one, in which case one application and one fee shall suffice.

(5) The inspection of records shall be made at such time within office hours and subject to such conditions as the officer incharge may direct for the safety of the records.

(6) Fees for inspecting records to be charged from the applicant shall be such, as may be notified by the State Government and shall be paid in advance in the form of cash or demand draft or through any digital means in the account so designated as directed by the officer incharge.

(7) No mark shall be made on any record or paper inspected. (8) An application for obtaining a copy of the records thereof shall be made to the officer incharge of the records giving full details. Fees for issuance of certified copies shall be such, as may be notified by the State Government and shall be paid in the form of cash or demand draft or through any digital means in the account so designated as directed by the officer incharge.

(9) Copies of confidential letters and documents shall not be given under

any circumstances.

(10) The officer in charge of record shall certify all copies as true copy. (11) A separate register, either physical or in digital form, shall be maintained in the office of the officer allowing inspection of the record for all applications received for inspection and issuance of certified copies and the respective fees paid for such inspection and issuance of certified copies.

103. Repeal - The Northern India Canal and Drainage Rules, 1878, in force

in the State of Punjab, are hereby repealed:

Provided that any order made or action taken under the rules, so repealed,

shall be deemed to have been made or taken under these rules.

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