Pakistan (Punjab) Legislation

THE CANAL AND DRAINAGE ACT, 1873

(Act VIII of 1873)

PART I

PRELIMINARY

Sections

         1.         Short title — Local extent.

         2.         [Repealed]

         3.         Interpretation-clause.

         4.         Power to appoint officers.

PART II

OF THE APPLICATION OF WATER

FOR PUBLIC PURPOSES

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

         6.         Powers of Canal Officers.

         7.         Notice as to claims for compensation.

         8.         No compensation to be awarded for any damage.

         9.         [Repealed]

       10.         [Repealed]

       11.         Abatement of rent on interruption of water-supply.

       12.         Enhancement of rent on restoration of water-supply.

       13.         [Repealed]

PART III

OF THE CONSTRUCTION AND

MAINTENANCE OF WORKS

       14.         Power to enter and survey, etc.

                     Power to clear land

                     Power to inspect and regulate water-supply

                     Notice of intended entry into houses

                     Compensation for damage caused by entry.

       15.         Power to enter for repairs and to prevent accidents

                     Compensation for damage to land.

       16.         Application by persons desiring to use the canal-water

                     Contents of application

                     Liability of applicants for cost of work

                     Recovery of the amount due.

       17.         Government to provide means of crossing canals.

       18.         Persons using water-course to construct works for passing water across roads, etc.

                     If they fail, Canal Officer may construct;

                     and recover cost.

       19.         Adjustment of claims between persons jointly using water-course

                     Recovery of amount found due.

       20.         Supply of water through intervening water-course or change of source of water-supply.

   20-A.         Special powers of Divisional Canal Officer to initiate cases under section 20.

   20-B.         Cutting of supply for any land not being irrigated at site.

       21.         Application for acquisition of land and construction works thereafter.

       22.         Procedure of Canal Officer thereupon.

       23.         Application for transfer of existing water course.

       24.         Liability to acquisition.

       25.         When applicant may be placed in occupation.

       26.         Appeal against awards and review.

       27.         Collector, Commissioner and Canal Officer to have powers of Civil Courts, etc.

       28.         Expenses to be paid by applicant before receiving occupation.

       29.         Conditions binding on applicant placed in occupation.

       30.         [Repealed]

PART IV

OF THE SUPPLY OF WATER

       31.         In absence of written contract, water-supply to be subject to rules.

       32.         Conditions as to—

                     (a)  Power to stop water supply;

                     (b)  Claims to compensation in case of failure or stoppage of supply;

                     (c)  Claims on account of interruption from other causes;

                     (d)  Duration of supply;

                     (e)  Sale or subletting of right to use canal-water;

                     (f)   No right acquired by user.

PART V

OF WATER-RATES

       33.         Liability when water is unauthorisedly taken from canal or water course.

       34.         Liability when water runs to waste.

       35.         Charges recoverable in addition to penalties.

       36.         Charge on occupier for water, how determined

                     Occupier’s rate.

       37.         Owner’s rate.

       38.         Amount of owner’s rate.

       39.         Owner’s rate, when not chargeable.

       40.         [Repealed]

       41.         [Repealed]

       42.         [Repealed]

       43.         [Repealed]

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

       45.         Certified dues recoverable as land-revenue.

       46.         Power to contract for collection of canal-dues.

       47.         Lambardars may be required to collect canal dues.

       48.         Fines excluded from sections 45, 46, 47.

PART VI

OF CANAL-NAVIGATION

       49.         Detainer of vessels violating rules

                     Liability of owners of vessels causing damage.

       50.         Recovery of fines for offences in navigating canals.

       51.         Power to seize and  detain vessel on failure to pay charges.

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

       53.         Procedure for recovery of such charges after seizure.

       54.         Procedure in respect of vessels abandoned and goods unclaimed

                     Disposal of proceeds of sale.

PART VII

OF DRAINAGE

       55.         Power to prohibit obstructions or order their removal.

       56.         Power to remove obstructions after prohibition.

       57.         Preparation of Schemes for works of improvement.

       58.         Powers of persons employed on such schemes.

       59.         Rate on land benefited by works.

       60.         Recovery of rate.

       61.         Disposal of claims to compensation.

       62.         Limitation of such claims.

PART VIII

OF OBTAINING LABOUR FOR

CANALS AND DRAINAGE-WORKS

       63.         Definition of “labourer”.

       64.         Power to prescribe number of labourers to be supplied by persons benefited by canal.

       65.         Procedure for obtaining labour for works urgently required.

       66.         Liability of labourers under requisition.

PART IX

OF JURISDICTION

       67.         Jurisdiction under this Act of Civil Courts.

       68.         Settlement of difference as to mutual rights and liabilities of persons interested in the use of water from a canal outlet.

   68-A.         Power of Canal Officer to restore interrupted supply.

       69.         Power to summon and examine witnesses.

PART X

OF OFFENCES AND PENALTIES

       70.         Offences under the Act.

   70-A.         Compensation to persons injured.

       71.         Saving of prosecution under other laws.

       72.         Compensation to person injured.

       73.         Power to arrest without warrant.

       74.         Definition of “Canal”.

PART XI

OF SUBSIDIARY RULES

       75.         Power to make, alter and cancel rules

                     Publication of rules.

SCHEDULE

[Repealed]

 

 

^[1]THE CANAL AND DRAINAGE ACT, 1873

(Act VIII of 1873)

[11 February 1873]

An Act to regulate Irrigation, Navigation and Drainage ^[2][* * *]

Preamble.– WHEREAS, throughout the territories to which this Act extends, ^[3][the Provincial Government] is entitled to use and control for public purposes the water of all rivers and streams flowing in natural channels, and of all lakes, ^[4][sub-soil water] and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said territories;

      It is hereby enacted as follows:-

PART I

PRELIMINARY

1.   Short title.– This Act may be called the ^[5][* * *] Canal and Drainage Act, 1873.

      Local extent.– It extends to ^[6][the Punjab]; and applies to all lands, whether permanently settled, temporarily settled, or free from revenue.

      ^[7][* * * * * * * * * * * *]

2.   [Repeal of Acts]. Rep. by the Repealing Act, 1873 (XII of 1873), s. 1 and Sch., Pt. II.

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

        (1)   “Canal” includes,–

               (a)  all canals, channels, ^[8][tube-wells] and reservoirs constructed, maintained or controlled by ^[9][the Provincial Government] for the supply or storage of water;

               (b)  all works, embankments, structures, supply and escape-channels connected with such canals, channels or reservoirs;

               (c)  all water-courses as defined in the second clause of this section;

               (d)  all parts of a river, stream, lake or natural collection of water or natural drainage-channel, to which the ^[10][Provincial Government] has applied the provisions of Part II of this Act;

^[11][but does not include a Kareze not constructed at the cost of the Provincial Government or the contribution of the provincial Government in the construction whereof does not exceed rupees ten thousand, and not maintained or controlled by the Provincial Government]:

        (2)   “water-course” means any channel which is supplied with water from a canal, but which is not maintained at the cost of ^[12][the Provincial Government], and all subsidiary works belonging to any such channel:

        (3)   “drainage-work” includes escape-channels from a canal, drains, weirs, embankments, sluices, groins and other works for the protection of lands from flood or from erosion formed or maintained by ^[13][the Provincial Government] under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns:

        (4)   “vessel” includes boats, rafts, timber and other floating bodies:

  ^[14][(4A)   “Board of Revenue” means the Board of revenue established under the ^[15]West Pakistan Board or Revenue Act, 1957 (West Pakistan Act XI of 1957)]:

        (5)   “Commissioner” means a Commissioner of a division, and includes any officer appointed under this Act to exercise all or any of the powers of a Commissioner:

        (6)   “Collector” means the head revenue-officer of a district and includes a Deputy Commissioner or other officer appointed under this Act to exercise all or any of the powers of a Collector:

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

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

               “Divisional Canal Officer” means an officer exercising control over a division of a canal:

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

        (8)   “district” means a district as fixed for revenue purposes:

    ^[16][(9)   “Canal Outlet” means a work which passes water from a canal, including a tube-well, to a water course and is constructed, maintained or controlled by Government; and

      (10)   “Internal Khal” means any channel supplied with water from a water-course for watering fields].

4.   Power to appoint officers.– The ^[17][Provincial Government] may from time to time declare by notification in the Official Gazette, the officers by whom, and the local limits within which, all or any of the powers or duties hereafter conferred or imposed shall be exercised or performed.

      All officer mentioned in section 3, clause (7), shall be respectively subject to the orders of such officers as the ^[18][Provincial Government] from time to time directs.

^[19][4-A.  The Provincial Government may from time to time, by notification in the Official Gazette, constitute irrigation committees comprising of not less than three members from amongst the local cultivators for each outlet, or group of outlets and for a canal or portion of a canal, for the assistance of the canal officers for matters mentioned in section 70 of this Act].

PART II

OF THE APPLICATION OF WATER

FOR PUBLIC PURPOSES

5.   Notification to issue when water supply is to be applied for public purposes.– Whenever it appears expedient to the ^[20][Provincial Government] that the water of any river or stream flowing in a natural channel or of any lake or other natural collection of still water, ^[21][or any sub-soil water] should be applied or used by the ^[22][Provincial Government] for the purpose of any existing or projected canal or drainage-work, the ^[23][Provincial Government] may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.

6.   Powers of Canal Officers.– At any time after the day so named, any Canal Officer acting under the orders of the ^[24][Provincial Government] in this behalf may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.

7.   Notice as to claims for compensation.– As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, stating that ^[25][the Provincial Government] intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.

^[26][8. No compensation to be awarded for any damage.– (1) No compensation shall be awarded for any damage caused by–

      (a)  stoppage or diminution of percolation of water or floods;

      (b)  deterioration of climate or soil;

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

      (d)  displacement of labour;

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

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

      (g)  stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation, whether constantly or at intervals, before the date of the said notification;

      (h)  interference with any right to a watercourse or the use of any water to which any person is entitled under the Limitation Act, 1908, Part IV.

      (2)  No right in respect of any of the matters referred to in clauses (a), (b) and (c) of sub-section (1) shall be required as against the Government under the Limitation Act, 1908, Part IV; and no right to any such supply of water as is referred to in clauses (e), (f) and (g) of sub-section (1), in respect of work or a channel, as the case may be, not in use at the date of the notification shall be required, as against the Government, except by grant or under the Limitation Act, 1908, Part IV.]

9.   ^[27][* * * * * * * * * * * *]

10. ^[28][* * * * * * * * * * * *]

11. Abatement of rent on interruption of water-supply.– Every tenant holding under an unexpired lease, or having a right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of water-supply ^[29][* * *], takes place, may claim an abatement of the rent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding.

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

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

13. ^[30][* * * * * * * * * * * *]

PART III

OF THE CONSTRUCTION AND

MAINTENANCE OF WORKS

14. Power to enter and survey, etc.– Any Canal Officer, or other person acting under the general or special order of a Canal Officer,

      may enter upon any lands adjacent to any canal, or through which any canal is proposed to be made, and undertake surveys or levels thereon;

      and dig and bore into the sub-soil;

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

      and do all other acts necessary for the proper prosecution of any enquiry relating to any existing or projected canal under the charge of the said Canal Officer;

      Power to clear land.– and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop, fence or jungle;

      Power to inspect and regulate water-supply.– and may also enter upon any land, building or water-course on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal:

      Notice of intended entry into houses.– Provided that, if such Canal Officer or person proposes to enter into any building or enclosed court or garden attached to a dwelling-house not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days’ notice in writing of his intention to do so.

      Compensation for damage caused by entry.– In every case of entry under this section, the Canal Officer shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the collector, and such decision shall be final.

15. Power to enter for repairs and to prevent accidents.– In case of any accident happening or being apprehended to a canal any Divisional Canal Officer or any person acting under his general or special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works which may be necessary for the purpose of repairing or preventing such accident.

      Compensation for damage to land.– In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. If such tender is not accepted, the Canal Officer shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the ^[31][Provincial Government] had directed the occupation of the lands under section 43 of the ^[32]Land Acquisition Act, 1870.

16. Application by persons desiring to use the canal-water.– Any persons desiring to use the water of any canal may apply in writing to the Divisional or Sub-divisional Canal Officer of the division or sub-division of the canal from which the water-course is to be supplied, requesting such officer to construct or improve a water-course at the cost of the applicants.

      Contents of application.– The application shall state the works to be undertaken, their appropriate estimated cost, or the amount which the applicants are willing to pay for the same, or whether they engage to pay the actual cost as settled by the Divisional Canal Officer, and how the payment is to be made.

      Liability of applicants for cost of works.– When the assent of the ^[33][Canal Officer authorized in this behalf by Provincial Government] is given to such application, all the applicants shall, after the application has been duly attested before the collector, be jointly and severally liable for the cost of such works to the extent mentioned therein.

      Recovery of amount due.– Any amount becoming due under the terms of such application, and not paid to the Divisional Canal Officer, or the person authorised by him to receive the same, on or before the date on which it becomes due, shall, on the demand of such officer, be recoverable by the collector as if it were an arrear of land revenue.

17. Government to provide means of crossing canals.– There shall be provided, at the cost of ^[34][the Provincial Government] suitable means of crossing canals constructed or maintained at the cost of ^[35][the Provincial Government], at such places as ^[36][the Provincial Government] thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands.

      On receiving a statement in writing, signed by not less than five of the owners of such lands, to the effect that suitable crossings have not been provided on any canal, the Collector shall cause enquiry to be made into the circumstances of the case, and if he thinks that the statement is established, he shall report this opinion thereon for the consideration of ^[37][the Provincial Government], and the ^[38][the Provincial Government] shall cause such measures in reference thereto to be taken as it thinks proper.

18. Persons using water-course to construct works for passing water across roads, etc.– The Divisional Canal Officer may issue an order to the person using any water-course to construct suitable bridges, culverts or other works for the passage of the water of such water-course across any public road, canal or drainage-channel in use before the said water-course was made, or to repair any such works.

      Such order shall specify a reasonable period within which such construction or repairs shall be completed;

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

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

19. Adjustment of claims between persons jointly using water-course.– If any person, jointly responsible with others for the construction or maintenance of a water-course, or jointly making use of a water-course with others, neglects or refuses to pay his share of the cost of such construction or maintenance or to execute his share of any work necessary for such construction or maintenance, the Divisional or Sub-divisional Canal Officer, on receiving an application in writing from any person injured by such neglect or refusal, shall serve notice on all the parties concerned that, on the expiration of a fortnight from the service, he will investigate the case, and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as to him seems fit.

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

      Recovery of amount found due.– Any sum directed by such order to be paid within a specified period may, if not paid within such period, and if the order remains in force, be recovered by the Collector, from the person directed to pay the same, as if it were an arrear of land-revenue.

^[39][20. Supply of water through intervening water-course or change of source of water-supply.– Whenever application is made to a Divisional Canal Officer for a supply of water from a canal through an existing water-course or change of source of water supply of any land and he considers it expedient, shall give notice to all persons interested including the land-owners through whose land any link water-course is to pass, to show-cause on a day not less than fourteen days from the date of such notice why the said supply should not be so conveyed, or the source of supply be changed; and after making enquiry on such day, the Divisional Canal Officer shall determine, whether and on what conditions the said supply shall be conveyed through such water-course or that the source of water supply shall be changed or the link water-course shall be aligned and constructed. After the expiry of thirty days of the announcement of the decision of the Divisional Canal Officer, if no objection is received and after giving due opportunity of hearing if an objection is received, the Superintending Canal Officer may confirm or modify that decision. The decision of the Superintending Canal Officer shall be binding on the applicant, the persons responsible for the maintenance of the said water-course, all the persons affected by the change of course of water-supply, and the land-owners through whose land the link water-course shall pass.

      Such applicant shall not be entitled to use the said water-course until he has paid the expenses of alteration of such water-course necessary in order to his being supplied through it, and also such share of the first cost of such watercourse as the Divisional or Superintending Canal Officer may determine.

      The applicant shall not be entitled to use the link water-course, if any, until (a) he has paid to the land-owner the compensation for the land occupied by such link water-course in whatever shape if it is determined through mutual agreement or (b) possession of land for the said link water-course has been acquired under the provisions of this Act.

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

^[40][20-A. Special powers of Divisional Canal Officer to initiate cases under section 20.– Whenever Government considers it expedient for a specific purpose to empower a Divisional Canal Officer to undertake proceedings under section 20 on his own initiative, it may confer such a power by a general or special order issued in that behalf.

20-B.   Cutting of supply for any land not being irrigated at site.– Whenever, on an application or otherwise, the Divisional Canal Officer considers it expedient to terminate the water-supply of any land which cannot be used for agriculture or has become unirrigable, he shall give notice of not less than fourteen days to the land-owners and the persons responsible for the maintenance of the water-course through which such supply is conveyed, to show cause why such supply should not be cut off, and after making enquiry, the said Canal Officer may pass orders to stop the complete or partial supply of water.

      (2)  After the expiry of thirty days of the announcement of the decision by the Divisional Canal Officer, if no objection is received and after giving due opportunity of hearing, if any objection is received, the Superintending Canal Officer may confirm or modify it. The decision of the Superintending Canal Officer shall be final and binding on the parties concerned].

^[41][21. Application for acquisition of land and construction works thereafter.– Whenever, it is considered necessary to acquire land for construction of a link water-course sanctioned under section 20, or section 98 or deposit of soil from a water-course clearances permitted under section 68 and transfer of an existing water course sanctioned under section 23, the interested person may apply in writing to the Divisional Canal Officer, stating–

            (i)   that he has endeavoured unsuccessfully to acquire from the owner, the land required for the construction of the link water-course, or for the deposit of soil from the watercourse, or for the transfer of the existing watercourse;

           (ii)   that he desires the said Canal Officer, in his behalf and at his cost, to do all things necessary for acquiring such land; and

          (iii)   that he is able to defray all costs involved in acquiring such land and constructing such water course with connected works].

^[42][22. Procedure of Canal Officer thereupon.– If the Divisional Canal Officer is satisfied that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal Officer considers necessary to defray cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under this Act; and upon such deposit being made, he shall mark out the land which will be necessary to occupy for the said purpose, and shall forthwith publish a notice in every village that so much of such land as belongs to such village has been so marked out, and shall send a copy of such notice to the Collector of every district in which any part of such land is situated].

^[43][23. Application for transfer of existing water course.– Whenever application is made to a Divisional Canal Officer for transfer of an existing watercourse from its present owner to the applicant, and it appears to him expedient that such transfer should be made in the interest of irrigation, he shall give notice to the person owning such water course to cause, on a day not less than fourteen days from the date of such notice, why the said watercourse should not be so transferred, and after making enquiry on such day, the Divisional Canal Officer shall determine whether and on what condition the said watercourse shall be transferred.

      After the expiry of thirty days of the announcement of the decision of the Divisional Canal Officer, if no objection is received and after giving due opportunity of hearing, if any objection is received, the Superintending Canal Officer may confirm or modify that decision. The decision of the Superintending Canal Officer shall be final and binding on the parties concerned.

      The applicant shall not be entitled to use the said water-course, until–

      (a)  he has paid to the owner, the compensation thereof in whatever shape it is determined through mutual agreement; or

      (b)  possession of the watercourse has been acquired under the provisions of this Act].

^[44][24. Liability to acquisition.– Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894, or any other law for the time being in force all land within the province shall be liable to acquisition at any time under this Act for constructing a watercourse or an internal khal].

^[45][25. When applicant may be placed in occupation.– (1) Within fourteen days of the publication of the notice under section 22, any person interested in the land to which the notice refers, may apply to the Superintending Canal Officer by petition, stating his objection to the acquisition of land for which the application has been made.

      The Superintending Canal Officer may either reject the petition or may make alteration in the alignment of the proposed watercourse as he thinks fit after hearing the Divisional Canal Officer or his representative and the applicant or interested persons by giving them previous notice.

      Notwithstanding anything to the finality of orders made under section 20, section 23 and section 68, the alteration made under this section by the Superintending Canal-officer shall be construed as modification made in the orders already made under the above said sections to the extent of orders passed under this section.

      The Superintending Canal Officer shall record in writing all orders passed by him under this section and grounds thereof. The orders of the Superintending Canal Officer shall be final and binding on all the parties.

      The Superintending Canal Officer shall inform the Collector of the District, Divisional Canal Officer and the applicant of the order passed by him.

      (2)  After the expiry of fourteen days of the publication of the notice under section 22, if no appeal is preferred to the Superintending Canal Officer and on the announcement of the decision of the Superintending Canal Officer when appeal is preferred to him as aforesaid, the Collector shall proceed within fourteen days to acquire such land or transfer such water-course and determine the necessary compensation; provided that the Collector shall take possession under this section after giving to the occupier thereof notice of fourteen days of his intention to do so].

^[46][26. Appeal against awards and review.– (1) The person entitled to compensation under the awards may accept the award and intimate acceptance in writing to the Collector within fifteen days from the date of the announcement of award.

      (2)  Any person aggrieved by the award of the Collector may within one month of such award appeal to the Commissioner. Where the affected party had no intimation of the award, the appeal may be filed within six weeks of the award. The Commissioner may after giving the person affected an opportunity of being heard make such order as he may deem fit.

      (3)  The order of the Commissioner made on appeal shall be final and shall not be called into question in any Court.

      (4)  The Collector or the Commissioner either of his own motion or on application made to him in this behalf by any affected person may at any time review an order made by himself or his predecessor in so far as it corrects an arithmetical, clerical or patent error or mistake only].

^[47][27. Collector, Commissioner and Canal Officer to have powers of Civil Courts, etc.– The Collector, Commissioner and a Canal Officer making any enquiry or conducting any proceedings or exercising the powers of appeal or review under sections 25 and 26 of this Act shall have the same powers in respect of the following matters as are vested in a Civil Court, when trying a suit, under the Code of Civil Procedure, 1908 (Act V of 1908), namely–

         (a)  summoning and enforcing attendance of any person, examining him on oath or affirmation;

         (b)  requiring the discovery and production of any document;

         (c)  requisitioning any record from any court or office;

         (d)  issuing commissions for examination of witnesses, inspection of property or making any local investigation;

         (e)  appointing guardians ad litem or next friends;

         (f)   adding or substituting representatives of deceased parties to proceedings;

         (g)  adding or dropping parties from pending proceedings;

         (h)  dismissal in default of appearance and restoration of cases dismissed for default;

         (i)   consolidating and splitting up cases; and

         (j)   any other matter connected with the holding of any inquiry or hearing of an appeal].

^[48][28. Expenses to be paid by applicant before receiving occupation.– On completion of proceedings under section 25 and delivery of possession of land, the Divisional Canal Officer may allow the applicant to construct the watercourse but no such applicant shall be permitted to make use of such land or watercourse for the requisite purpose, until he has paid such amount as the Collector determines to be due as compensation for the land or watercourse so occupied or transferred, and for any damage caused by the marking out or occupation of such land, together with all expenses incidental to such occupation or transfer.

      If any part of compensation and expenses are not paid when demanded by the person entitled to receive the same, the amount may be recovered by the Collector as if it were an arrear of land revenue, and shall, when recovered, be paid by him to the person entitled to receive the same].

^[49][29. Conditions binding on applicant placed in occupation.– When any such applicant is placed in occupation of land or of a watercourse, or an internal khal as aforesaid and permitted to use the same for the requisite purpose, the following rules and conditions shall be binding on him and his representative-in-interest.

      First– All works necessary for the passage across such watercourse or watercourses, or land acquired for the deposit of soil, existing previous to its construction and of the drainage intercepted by it, and for affording proper communicators across it, for convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative-in-interest to the satisfaction of the Divisional Canal Officer.

      Second– Land acquired for the purposes enumerated in section 21, shall be used only for those purposes.

      Third– The proposed watercourse shall be completed to the satisfaction of the Divisional Canal Officer within one year after the applicant is placed in occupation of the land.

      In cases in which land is occupied or a watercourse is transferred on the terms of a rent-charge.

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

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

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

      If any of the rules and conditions prescribed by this section are not complied with,

      or if any watercourse constructed or transferred under this Act is disused for three years continuously, the right of the applicant, or of his representative-in-interest, to occupy land or watercourse shall cease absolutely].

30. ^[50][* * * * * * * * * * * *]

PART IV

OF THE SUPPLY OF WATER

31. In absence of written contract, water supply to be subject to rules.– In the absence of a written contract, or so far as any such contract does not extend, every supply of canal-water shall be deemed to be given at the rates and subject to the conditions prescribed by the rules to be made by the ^[51][Provincial Government] in respect thereof.

32. Conditions as to.– Such contracts and rules must be consistent with the following conditions–

      (a)  Power to stop water supply.– The Divisional Canal Officer may not stop the supply of water to any watercourse, or to any person, except in the following cases:-

            (1)  whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authority and with the previous sanction of the