The Punjab and Canal and Drainage Act,2023
punjab · 2023
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Punjab Canal and Drainage Act, 2023
- S. 2In this Act, unless there is anything repugnant in the subject or context:- (1) “canal” includes
- S. 3Section 3 authorizes the State Government to designate specific officers to exercise certain powers and duties within defined local limits.
- S. 4Section 4 allows the State Government to declare water use for canal or drainage projects, with public notice and compensation claims.
- S. 5The section allows the State Government to ban non-government tubewells within 150 meters of a government tubewell.
- S. 6Section 6 authorizes Canal Officers to enter land and remove obstructions for canal water use.
- S. 7Section 7 provides for compensation for damages caused by the Act's provisions, including water supply stoppages and other substantial damages.
- S. 8Section 8 authorizes Canal Officers to enter and survey canal-adjacent lands, regulate water supply, and inspect irrigation, with compensation for damages.
- S. 9Section 9 allows Canal Officers to repair canals on adjacent lands, compensate landowners, and appeal compensation decisions to the Collector and State Government.
- S. 10Section 10 mandates the State Government to provide and maintain canal crossings and investigate complaints about their absence.
- S. 11Section 11 empowers the Divisional Canal Officer to mandate bridge or culvert construction and repairs for watercourses, with costs recoverable as land revenue arrears if unpaid.
- S. 12Section 12 mandates investigation and recovery of unpaid shares for watercourse maintenance, with final orders by Superintending Canal Officer.
- S. 13Section 13 authorizes the Divisional Canal Officer to draft schemes for watercourse modifications, area allotments, and other maintenance tasks.
- S. 14Section 14 outlines the process for publishing and approving drainage schemes, considering objections, and requiring specific approvals for certain outlets.
- S. 15Section 15 mandates the Divisional Canal Officer to enforce approved water schemes and recover costs from defaulting shareholders or associations, treating unpaid sums as land revenue arrears.
- S. 16Section 16 allows appeals against Divisional Canal Officer decisions to Superintending Canal Officer within 30 days, with final decision and right to hearing.
- S. 17Section 17 allows the Divisional Canal Officer to acquire land for canal schemes, with compensation based on land area and appealable decisions.
- S. 18If shareholders fail to execute work, the Divisional Canal Officer can do it and recover costs as land revenue arrears.
- S. 19Section 19 mandates the Divisional Canal Officer to direct shareholders to maintain watercourses, with maintenance costs recoverable as land revenue arrears if they fail to comply.
- S. 20Section 20 mandates restoration of watercourses and imposes penalties for non-compliance, with costs recoverable as land revenue arrears.
- S. 21Section 21 prevents civil courts from deciding on matters covered by sections 13 to 20.
- S. 22The State Government may allow supply of canal water for purposes other than irrigation
- S. 23Section 23 allows the Divisional Canal Officer to stop water supply for maintenance, work orders, or improper use, with no compensation for uncontrollable stoppages.
- S. 24Section 24 imposes charges on beneficiaries if unauthorized canal water use occurs and the responsible party is unidentified.
- S. 25Section 25 makes all water users collectively responsible for charges if water is wasted due to unknown neglect.
- S. 26Section 26 allows recovery of charges for unauthorized water use and appeals against Divisional Canal Officer decisions to Superintending Canal Officer.
- S. 27Section 27 allows the Divisional Canal Officer to accept contracts for non-irrigation water supply uses with State Government approval.
- S. 28The section allows the State Government to levy and collect a water cess from land occupiers using canal water for irrigation to fund irrigation infrastructure maintenance and development.
- S. 29Section 29 allows water-cess charged on jointly owned land to be deducted from rents or recovered by the manager.
- S. 30Section 30 allows recovery of unpaid dues under the act as land revenue arrears.
- S. 31Except as otherwise provided, nothing in sections 30 applies to fines
- S. 32Section 32 allows canal officers to remove or detain vessels violating rules and mandates owners to pay for damages.
- S. 33Section 33 allows fines for vessel navigation offenses to be recovered either via criminal procedure or as a vessel charge.
- S. 34Section 34 allows the Divisional Canal Officer to seize and detain a vessel and its furniture if charges are unpaid.
- S. 35Section 35 allows the Divisional Canal Officer to seize and detain unpaid cargo or goods from government vessels or storage facilities on canals.
- S. 36Section 36 mandates the sale of seized property to recover unpaid fines, with remaining proceeds returned to the owner.
- S. 37Section 37 allows the Divisional Canal Officer to sell unclaimed vessels, cargo, or goods left in canals for two months.
- S. 38Section 38 empowers the State Government to prohibit or order removal of obstructions in rivers or drainage channels to prevent harm to land or public health.
- S. 39Section 39 authorizes canal officers to order obstruction removal and recover non-compliant costs as land revenue.
- S. 40The provisions contained in sections 13 to 21 shall apply mutatis mutandis to field drains
- S. 41The section allows the State Government to initiate drainage works and publish a scheme for funding and land charges.
- S. 42Section 42 authorizes state government-designated individuals to wield the powers of Canal Officers under section 8.
- S. 43Section 43 allows the state to charge landowners for drainage scheme costs and recover them in kind or labor.
- S. 44Section 44 allows unpaid canal maintenance fees to be recovered as land revenue arrear.
- S. 45Section 45 outlines the process for compensation claims after drainage or obstruction modifications, governed by the 2013 Land Acquisition Act, excluding illegal structures.
- S. 46Section 46 limits claims for losses to one year unless the Collector approves a valid reason for delay.
- S. 47Section 47 empowers the Deputy Collector to regulate water use and resolve disputes among parties regarding watercourses.
- S. 48Section corrects clerical or arithmetical errors in orders under the Punjab and Canal and Drainage Act, 2023.
- S. 49Section 49 grants officers conducting inquiries under the Act powers similar to civil courts for witness summoning and examination.
- S. 50Section 50 allows claims against the State Government under the Act to be tried by Civil Courts except for canal water supply orders.
- S. 51Section 51 empowers the Punjab government to establish water user associations to manage water resources and resolve disputes.
- S. 52Section 52 prohibits unauthorized interference with canals and drainage works, prescribing fines and imprisonment for violations.
- S. 53Section 53 penalizes unauthorized irrigation water use, mandates supply stoppage, exclusion from canal area, and appeals to Superintending Canal Officer.
- S. 54Section allows prosecution under other laws for offenses also punishable under this Act.
- S. 55Section 55 protects individuals and the government from legal actions for actions taken in good faith under the Punjab and Canal and Drainage Act, 2023.
- S. 56Section allows a magistrate to order fines from offenses to compensate victims.
- S. 57Section 57 allows canal or drainage work supervisors to arrest offenders damaging or obstructing work without a warrant.
- S. 58Section 58 defines "canal" to include lands, structures, and produce used or owned by the State Government for canal purposes.
- S. 59The section allows the State Government to issue orders to address any difficulties in implementing the Act.
- S. 60Section 60 empowers the Punjab State Government to make rules for water distribution, channel construction, and water cess assessment.
- S. 61Section 61 repeals the Northern India Canal and Drainage Act, 1873 in Punjab, except for pending applications and appeals.