PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part I

Acts

Nil

Part II

Ordinances

Nil

Part III

Delegated Legislation

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.

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.

Part IV

Correction Slips, Republications and

Replacements

Nil

*****

..163-200

ORDINARY

Published by Authority

CHANDIGARH, FRIDAY, MARCH 28, 2025

(CHAITRA 7, 1947 SAKA)

( xxiii )

161

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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

161

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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

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.

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;

163

Section 60

PART-III

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

(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.

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.

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.

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.

Procedure regarding tubewell– No action shall be initiated against

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

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.

164

Section 13

Section 11

Section 6

Section 14

Sections

13 and 20

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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.

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.

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.

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.

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

165

Section 15

Section 16

Sections

Section 17

Sections

11and 13

18 and 19

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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.

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.

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.

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.

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.

166

Section 22

Section 23

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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).

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

167

Section 23

Sections

24 and 25

24, 25 and

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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.

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

168

Sections

Section 22

24 and 25

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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

169

Section

27(1)

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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).

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.

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.

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.

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

170

Section 28(1)

Section 27

Section 28(2)

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

(c)

the mortgagee and mortgagor,

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).

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.

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.

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.

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

171

Sections 28

and 60(2)

Sections 28

and 60(2)

Section 60

Sections

28,29 and

60 (2)

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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.

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.

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.

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.

172

Sections 28,

29 and 60 (2)

Sections 28,

29 and 60(2)

Section 60

(2)

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

(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.

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.

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.

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.

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.

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.

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

173

Section 60

(2)

Section 32

Section

Section 32

PUNJAB GOVT. GAZ., MARCH 28, 2025

(CHTR 7, 1947 SAKA)

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

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

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.

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.

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.

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.

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.

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.

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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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.

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.

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.

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.

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.

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

canal shall at all times have person in attendance on board.

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.

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.

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

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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.

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.

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.

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

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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.

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.

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.-

(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.-

(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.

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.

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.

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.

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

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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.

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.

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.

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.-

(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.

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

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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.

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.

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

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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

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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.

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.

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.

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.

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.

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.

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.

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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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.

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.

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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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

186