Canal and Drainage Rules

The Canal and Drainage Rules

 

On Construction and Maintenance of work

 1.         Order for construction of work (Section 18).—The order which a Divisional Canal officer may issue under Section 18 shall be writing, and shall be served on the persons concerned or their representatives in the manner prescribed in Rules 79-A to 79-1.(See Section 18).

Proceeding of the superintending Canal Officers on reference.—(1) In case falling under Section 20, the Divisional Canal officer shall announce his decision to the parties interested, and within 30 days from the date of such announcement any person aggrieved  by such decision may file an objection thereto in writing the superintending Canal Officer. (see Section 20) 

2.         The Superintending Canal Officer .Shall to make any order in respect of the Divisional Canal Officer’s decision, until after the expiry of 30 days from the date of its announcement, and may then whether or not any objection shall have been filed, make an order confirming or modifying such decision, or may direct that further enquiry and report be made by the Divisional Canal office on specified points, before he makes a final order:—

Provided that no such order or direction shall be made in case where any objection has been filed, unless not less than 15 days’ notice has been given to the objector of the date, time and place at which his objection will be heard, and unless the Superintending Canal Officer has heard the objection, in case he appears.

Note.–The following proviso in a applicable to the inundation Canals of Shahpur District  and pind Dadan Khan Canal, which was substituted for  the above proviso by Notification No. 54958-R/204/45, dated 25^th September, 1952.

“Provided that no such order of direction shall be made in case where objection has been filed unless not less than 15 days’ notice has been given to the objector and the person in whose favour the Divisional Canal officer’s decision was given, the date, time and place at which the objection will be heard and unless the superintending Canal officer has been the party or parties may appear before him on the appointed date and time for the purpose’’. 

3.         Proceeding of Collector.— The notice which the Collector is bound to given to the Canal officer under Section  14 shall not be less than 14 days. (See Section 25). 

4.         Opening of new water-courses. Water shall not be admitted into any new water-courses  until all works necessary for the passage across such water-course, water- course ,existing previous to its construction, and of the drainage intercepted by it, and for affording proper communications ,and of the drainage venience of the neighbouring lands, are completed to the satisfaction of the Divisional Canal officer. (See Section 29). 

5.         Rules 5 is omitted , and the following note stand in its place:—

“Water will be given to village and not to individual applicants.”

Note.–This Rule is not required for the Lower Jhelum Canal and for the Chenab Inundation Canals its reads as below:—

Application of water. All applications for water or for the constructions and improvement of water courses under Part III of the Act, from shall be in the form prescribed in Appendix No. 1.

On the supply of water

6.         Limit of length of water courses.- Water shall not ordinarily be granted to lands where the length of water-course its point of contract with the fields exceeds two miles.(See Section No.3) 

7.         Apprenended wastage.–A supply of water shall not be granted where , in the opinion of the opinion of the Divisional Canal Officer, loss from wastage is likely to occur .From his decision an appeal may be preferred to the Superintending Canal Officer. (See Section 16). 

7-A      A new supply of water. Shall not ordinarily be granted in respect of lands where the available supply of water in the Canal, distributary or water-Course is already fully utilized. 

8.         Sanitary reason.- The Divisional Canal Officer shall not engage to grant water in the following Case, viz,:— 

(a)        For the irrigation of any kharif crops upon lands within gone mile for the outermost houses of any town, if such irrigation be objected to by the Municipal Committees (or, if there be no Municipal Committee, by the Collector), and the objection is approved by the Superintending Canal Officer and the Commissioner of the Division . Should these officers differ in opinion, the question will be referred to Government in the Irrigation Department whose decision shall be final .

(b)       When the provisional Government has by a  notification in the Official Gazette, declared that the irrigation of certain crops within a specified distance from the boundary of a cantonment ought not on sanitary ground . to be permitted , no engagement for a supply of water shall be made against terms of such prohibition. (See Section 3).

Court Decisions

Rr. 8 & 13-Dispute relating to ‘ Nikal’ water-‘ Nikal’ water sanctioned in favour of defendants by Canal Officer-Plaintiff’s suit was dismissed by Trial Court while decreed by First Appellate Court-Validity-Order passed by Divisional Canal Officer under S.68, Canal and Drainage Act, 1873 would be final as to use and distribution of water for any sown or standing crop-Divisional Canal Officer has got exclusive jurisdiction to decide dispute relating to ‘Warabandi’ and distribution of ‘Nikal’ water was also within competence of such officer-Civil Court would have no power to set aside order of Divisional Canal Officer so far as the same related to distribution of water for any crop sown or standing at the time of such order–Such prohibition was absolute and Civil Courts were completely debarred from interfering with the order to that extent-Order of Divisional Canal Officer would, however, remain in force until same was set aside by decree of Civil Court-Civil Court would set aside order of Divisional Canal Officer where it had caused legal injury to some persons’ legal rights-Civil Court in such case could draw new order of rotation-Courts would have powers to go into the question whether order of Canal Authorities had resulted in stoppage of water to which party to litigation was entitled-Dispute about distribution of Nikal water could be decided by Divisional Canal Officer at the time of preparation of Warabandi for the same was not independent proceeding and was very much

connected with Warabandi-Order passed by Divisional Canal Officer could not be declared as illegal or void-Judgment and decree of Appellate Court whereby plaintiffs were found entitled to ‘Nikal’ water were set aside and that of Trial Court dismissing plaintiff’s suit was restored in circumstances. P L D 1998 Lah`1eore 142

            Nikal water sanctioned in favour of defendants by Canal Officer-Plaintiff’s suit was dismissed by Trial Court while decreed by First Appellate Court-Validity-Order passed by Divisional Canal Officer under S.68, Canal and Drainage Act, 1873 would be final as to use and distribution of water for any sown or standing crop-Divisional Canal Officer has got exclusive Jurisdiction to decide dispute relating to ‘Warabandi’ and distribution of ‘Nikal’ water was also within competence of such officer-Civil Court would have no power to set aside order of Divisional Canal Officer so far as the same related to distribution of water for any crop sown or standing at the time of such orderSuch prohibition was absolute and Civil Courts were completely debarred from interfering with the order to that extent-Order of Divisional Canal Officer would, however, remain in force until same was set aside by decree of Civil Court-Civil Court would set aside order of Divisional Canal Officer where it had caused legal injury to some persons’ legal rights-Civil Court in such case could draw new order of rotation-Courts would have powers to go into the question whether order of Canal Authorities had resulted in stoppage of water to which party to litigation was entitled-Dispute about distribution of Nikal water could be decided by Divisional Canal Officer at the time of preparation of Warabandi for the same was not independent proceeding and was very much connected with Warabandi-Order passed by Divisional Canal Officer could not be declared as illegal or void-Judgment and decree of Appellate Court whereby plaintiffs were found entitled to ‘Nikal’ water were set aside and that of Trial Court dismissing plaintiff’s suit was restored in circumstances. P L D 1998 Lah.142 

8-A      Omitted . 

8-B      Every supply of water shall be deemed to be given subject to the condition that the water shall not be used for the cultivation of any particular kind of crop in any particular locality in which the sue of canal water for that kind of crop has been prohibited by the provincial Government on sanitary grounds by a notification in the official Gazette. When, however the right to impose this prohibition is exercised in regard to existing cultivation, the occupiers shall be entitled to such compensation, if any, as the provincial Government may think just. 

9.         Repealed. 

10.       Filling of tanks for watering cattle.–Tanks within 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:-

i)                   Except as provided in rules 12 and 12 (a) no tank shall be so filled unless exclusively used for domestic purposes, for watering cattle, or for the manufacture of bricks not subsequently burnt in a kiln, or pise wall building.

ii)                The Lambardar of a village, in which there are one or more tanks for which a supply of canal Water is desired, shall submit an application to that effect to the Divisional or sub-Divisional canal officer, in which the number, names, and approximate general dimensions of the tanks for which water is desired shall be stated. The sub-Divisional Canal Officer, on receipt of the application , and after any further inquiries, that he may deem necessary, shall pass an order stating the number and names of the tanks to which canal water may be, supplied, whenever it can be made available without injury to the cultivation dependent on the Canal , and subject to the following provision. A written license in the terms of this order shall be given to the applicant, and shall remain in force until revoked by a written  order of the Divisional Canal Officer.

iii)              Tanks shall be filled at such times 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, a written application shall be made to that effect . the filling of tanks shall be permitted only at such times and to such extent as the Divisional or sub-Divisional Canal officer  may approve.

iv)              No tank shall be so filled which by intercepting any line of drainage is liable to overflow from an accumulation of  water derived from natural sources.

v)                No tank shall be filled when the water-course used to fill it, is in the opinion of the sub-Divisional Canal officer, in an unsound or unfit condition to carry the supply.

vi)              The privilege afforded by Clause(ii) of this rule may, in addition to any  penalty which may be incurred under the Act be suspended for twelve months for breach of any of the officer foregoing provision under a written order of the Divisional Canal officer passed on a regular proceeding  and inquiry  in each  case. From such order and appeal shall lie to the Superintending  Canal officer.

vii)            In case in which tanks have been filled without the  licence prescribed in Clause (ii) or during the suspension under Clause(vi) of the privilege afforded by such license, or  in which tank for which licenses have been granted have been filled at the times other than those prescribed by the Divisional or Sub-Divisional  Canal officer  under Clause III, the water so admitted into such tanks may be charged for at such rate no exceeding the rate for the item being in force for water supplied in bulk as the Divisional Canal officer may in each case direct. Against such charges an appeal shall lie to the superintending canal officer. (See Section 3). 

10-A    Tanks outside the irrigation boundary may also be filled with canal water for partly domestic purposes, on sanction by the Chief Engineer, under such conditions as may be laid down in each case. (Rule 10-A applies to the Rang our and hovel Canals.) 

11.       Contracts.- The Divisional Canal officer , with the previous sanction of the Superintending Canal water for purposes other than irrigation, not specified in schedule of rates, for any term not exceeding one year. For terms exceeding one year the previous sanction of the provincial Government shall be necessary. 

12.       Charges for water used for purposes other than Irrigation.- Tanks may be filled with canal water for purposes other than those stated in Clause(i) of Rule10; such water will be charged for at rates and subject to conditions to be determined by the provincial Government in each case. 

12.A    Irrigation may also be carried on from tank, provided the previous sanction of the Sub-Divisional Canal officer be obtained. The usual rates will be charged for such irrigation. 

13.       Water supply to cantonment town etc.–When water is supplied to forts or other military buildings ,i.e. cantonments civil stations, cities towns, railways, public gardens or other places of public resort, either by filling of tanks or by direct flow contracts, at special rates may be accepted by the Divisional Canal Officer with the previous sanction of the provincial Government.

Court Decisions

Rr. 8 & 13-Dispute relating to ‘ Nikal’ water-‘ Nikal’ water sanctioned in favour of defendants by Canal Officer-Plaintiff’s suit was dismissed by Trial Court while decreed by First Appellate Court-Validity-Order passed by Divisional Canal Officer under S.68, Canal and Drainage Act, 1873 would be final as to use and distribution of water for any sown or standing crop-Divisional Canal Officer has got exclusive jurisdiction to decide dispute relating to ‘Warabandi’ and distribution of ‘Nikal’ water was also within competence of such officer-Civil Court would have no power to set aside order of Divisional Canal Officer so far as the same related to distribution of water for any crop sown or standing at the time of such order–Such prohibition was absolute and Civil Courts were completely debarred from interfering with the order to that extent-Order of Divisional Canal Officer would, however, remain in force until same was set aside by decree of Civil Court-Civil Court would set aside order of Divisional Canal Officer where it had caused legal injury to some persons’ legal rights-Civil Court in such case could draw new order of rotation-Courts would have powers to go into the question whether order of Canal Authorities had resulted in stoppage of water to which party to litigation was entitled-Dispute about distribution of Nikal water could be decided by Divisional Canal Officer at the time of preparation of Warabandi for the same was not independent proceeding and was very much

connected with Warabandi-Order passed by Divisional Canal Officer could not be declared as illegal or void-Judgment and decree of Appellate Court whereby plaintiffs were found entitled to ‘Nikal’ water were set aside and that of Trial Court dismissing plaintiff’s suit was restored in circumstances. P L D 1998 Lahore 142

Court Decisions

Dispute relating to ‘ Nikal’ water-‘ Nikal’ water sanctioned in favour of defendants by Canal Officer-Plaintiff’s suit was dismissed by Trial Court while decreed by First Appellate Court-Validity-Order passed by Divisional Canal Officer under S.68, Canal and Drainage Act, 1873 would be final as to use and distribution of water for any sown or standing crop-Divisional Canal Officer has got exclusive Jurisdiction to decide dispute relating to ‘Warabandi’ and distribution of ‘Nikal’ water was also within competence of such officer-Civil Court would have no power to set aside order of Divisional Canal Officer so far as the same related to distribution of water for any crop sown or standing at the time of such order Such prohibition was absolute and Civil Courts were completely debarred from interfering with the order to that extent-Order of Divisional Canal Officer would, however, remain in force until same was set aside by decree of Civil Court-Civil Court would set aside order of Divisional Canal Officer where it had caused legal injury to some persons’ legal rights-Civil Court in such case could draw new order of rotation-Courts would have powers to go into the question whether order of Canal Authorities had resulted in stoppage of water to which party to litigation was entitled-Dispute about distribution of Nikal water could be decided by Divisional Canal Officer at the time of preparation of Warabandi for the same was not independent proceeding and was very much connected with Warabandi-Order passed by Divisional Canal Officer could not be declared as illegal or void-Judgment and decree of Appellate Court whereby plaintiffs were found entitled to ‘Nikal’ water were set aside and that of Trial Court dismissing plaintiff’s suit was restored in circumstances.

P L D 1998 Lah.142 

14.       Water power. The use of water power may be granted by the Divisional Canal Officer at such rates and under such conditions as may be sanctioned by the provincial Government in each case. 

15.       Tatils.-Divisional Canal Officers are empowered for purposes of administration, repairs and maintenance to order the closure of any water-course for periods. Which shall not extend beyond 12 consecutive days. For longer closures the authority of the Superintending Canal officer is required. (See Section 32). 

15.A    Divisional Canal Officers are empowered to order the closure of any water-course situated within municipal limits, for a period not exceeding twelve days on receipt of a written declaration by the Medical Officer of health that the water-course  is in such defective sanitary condition as to be a menace to public health.  For longer closure the authority of the superintending Canal Engineer is required. 

16.       Orders for closures under Rules 16 must be notified either,—

            a)         by a notification;

            b)         by a special order.

            Such notification or order shall be in writing under the hand of the Divisional canal officer , and a copy shall be conveyed by the  canal Establishment with due expedition to each village concerned and delivered to the Patwari, or in his absence to any Lambardar. The receipt of each person to whom a copy of the notification or order is delivered shall be affixed to a schedule prepared for the purpose, which shall be recorded in the Divisional Canal Officer.

            It shall be the duty of the Patwari or lambardar who receives the notification or order above-described to affix if at once in a conspicuous position in the village and to make its purpose general known. (See Section 33.) 

17.       Stoppage of supply in improperly maintained water-courses.–Stoppage of supply of water to any water-course under Section 32 (a) (2) may be enforced when a Canal Officer of rank not lower than Sub-Divisional officer has satisfied himself , by personal inspection , that the water-course is not maintained in proper repair. The order for such stoppage shall be in writing under the hand of the Divisional Canal officer and an immediate report shall be made to the Superintending canal officer and the special ground for stoppage explained The Superintending canal Officer ‘s  order shall be final. (See Section 32.) 

18.       Report of closures.- Immediate report shall be made to Superintending Canal Officer of all closures under Case(1) Section 32 (See Section 32). 

19.       Nothing in the foregoing rules shall be taken to affect the power of a canal officer to close any water-course or stop any supply of water on his own authority in case  which he deems to be of pressing emergency.

Remission of Occupier’s rate for Failed crops

20.       Claims for remission. Of occupier’s rates and of ordinary charges other than occupier’s rates for the use of canal water. (See Section 32).

I. Where damage is caused from failure or stoppage of supply or from causes other than those mentioned in parts(ii)—(iv) below:–

i)             Claims for remission where failure is confined to individual fields may be presented to the Divisional or Sub-Divisional Canal  officer or to the Deputy collector by the cultivator or where a large part of an estate is affected, by the lambardar of the affected area to the Collector of Divisional Officer in each case before the crop is cut and not later than 10 days previous to such date as may be fixed be the commissioner and the Superintending Canal officer acting in agreement for commencing the Kharaba inspections of the crops in questions.

ii)                      The quantum of damage shall be as assessed in respect of each filed by inspecting officers, and

iii)                     No remission is admissible under this part unless-

(a)          the failure of the crop is complete, i.e. it is less than 25 paisas crop; and

(b)          such failure is due entirely to causes beyond the control of the cultivator in which case full remission shall be given.

II. Where damage is caused by crop diseases or calamities, such as hail, severe dust-storms , extensive  flooding , rats, locusts or other pests.

i)                           Claims for remission may be presented by the cultivator or the Lambardar of the affected area to the Divisional Canal officer or the Collector before the crop is cut. The Divisional officer or the Collector may also intimate suo motu proposals for the grant of remissions in case no claims are received.

ii)                       The Divisional Canal officer shall himself , or in consultation with the Collector, decide whether it is practicable to make a field inspection of the affected areas. If so , the quantum of damage shall be as assessed in respect to each field by the inspecting officer and if the crop is,—

(a)          more than a 25 paisas crop but less than 50 half  shall be remitted,

(b)          less than a 25 paisas crop the whole shall be remitted.

(iii)         In case the Divisional Canal Officer either by himself or in consultation with the Collector decides that field to field inspection is not practicable, the quantum of damage to the crop will be assessed in relation to whole estates or portions thereof or to groups of estates. If the Divisional canal officer and the Collector are agreed that remission shall be granted, and if the total  remissions are not likely to amount to more than Rs.25.000 in any canal division, remission may be granted with-out further sanction. If remissions are likely to exceed this sum or if the collector and the Divisional canal officer are not in agreement as to the necessity for granting remissions or as the  rate of remissions or as to the necessity for granting referred to the commissioner of the Division who will consult the Superintending canal officer , the reference should be in considerable detail particularly in the event of disagreement between the collector , with reasons, fully given . If  the Commissioner and the superintending canal officer are not in agreement the case will be referred to the west Pakistan Government for order. The Commissioner  and the superintending canal officer, if in agreement , can grant remissions up to one lakh of rupees without further sanction and the Financial commission up to any amount which they deem to be necessary .

(III)      powers relating to remissions under parts I and II (ii)  where assessment of damage is on individual filed.

In cases falling under parts I and II (I) above where assessment of damage is on individual fields, the Divisional canal officer may remit up to Rs. 100.00 in the case of each individual cultivator, subject to a maximum of Rs.2,000 in respect of a single estate, but where failure extends to a large part of an estate, the Divisional Canal officer and the Collector may, after consultation, and by mutual agreement remit upto a maximum of Rs.500 in the case of each individual cultivator and Rs. 10,000 in respect of a single estate.

(IV)     Where widespread damage arises, occurs or comes to light after the crop has been out.

Where widespread damage arises, occurs or comes to light after the crop has been cut, claims for remission may be presented by the cultivators or lambardar of the affected area to the Divisional Canal officer or the Collector, but no remission can be granted except under the express orders or Government.

It shall be the  duty of the canal and Revenue officers to investigate the facts fully and submit a detailed report to Government which should contain their estimate of the quantum of damage which has occurred . the report should make a close an estimate as possible of the amount of damage expressed in terms of paisas in a rupee to the particular crop concerned taken over the whole of the revenue estate and not only over the fields in which damage has occurred. Such a calamity may affect a particular crop only but so far as that crop is concerned it may be general over contiguous areas or may affect some fields and not others although the total extent of the damage is large.

(V)       Remission of ordinary charges others than occupiers rates payable for the use of canal water shall be admitted only on proof-of the actual loss caused ,and

that such loss was caused by the stoppage of supply, and by no other cause, Remission shall be in proportion to the quantum of proved loss a heretofore provided.

Such claims may be presented to a Divisional Canal officer . Where a  Divisional Canal officer rejects such a claim, the Claimant may prefer an appeal to Superintending canal officer.

(VI)     Prohibition against the cutting or removal of crops recommended for remission.

Save with the permission of the Divisional Canal officer, no crop recommended by the Zaildar for half or full remission shall be cut or removed within seven days of the date of which , it is inspected by the Zaildar. Any owner, occupier or tenant who violates his provision shall not be entitled to the benefit of such recommendation. 

Rule 20 as applicable to the Rangpur and Haveli canals is as under:—

“20.     Remission of occupier’s rates.-(1) Assessment of Kharaba on these canals shall be done by the Revenue Department and remission of occupier’s rates for failed crop shall be allowed by the officials of that Department in accordance with the procedure laid down in the Dasturul-Amal of the of the district on the following scale:— 

2.         No remission shall be allowed in respect of crops which have been cut before the field is inspected for Kharaba assessment.

3.         In the case of mixed crops which are assessed at different rates, the area under each crop shall first be estimated and then Kharaba shall be allowed for each crop independently on the above scale.”

Note.-A normal or 100 paisas crop should be regarded as one given yield equal to that adopted by the Settlement officer for that crop in farming his quarter net assets estimated. 

The following Rule 20 applies to the Dipalpur  Canal:-

20.       Claims for remissions. —  In case of occupier’s rates for failed crops-

(i)        Claim for remissions of occupier’s rates which may arise from failure or stoppage of supply or from other calamities of a special or isolated character : shall be presented to Divisional or Sub-Divisional Canal Officer or Deputy Collector as soon as possible and in every case before the crop is cut. If the claim is admitted the Divisional Canal Officer may remit to the limit of Rs. 100 in each individual case, provided that the aggregate of occupier’s rates for any revenue estate for not exceeding Rs. 2,000. If the Divisional Canal Officer considers, that remission higher than that specified above should be granted in any individual case, the sanction of the Superintending Engineer shall be required, pending the decision the collection shall be suspended. The unit of remission in such cases will be the field number. If the area affected is a large part of a revenue estate, the headman concerned may make claims for remission either to the Deputy Commissioner or to the Divisional Canal Officer. Either to these officers to whom a claim is made shall consult the other as to the necessity for granting remission and if they are both agreed that remission should be granted then such remission may be granted without the sanction up to the limit of Rs. 10,000 for each estate. If the Deputy Commissioner and the Divisional Canal Officer are in agreement, or if the amount to be remitted exceeds Rs. 10,000 the case will be referred to the Commissioner, who will deal with it as indicated in Rule II. In such cases the views of both Deputy Commissioner and the Divisional Canal Officer and the reasons for them should be forwarded to the Commissioner to enable him, and, if necessary, higher authority, to arrive at a decision. The Deputy Commissioner is at liberty to direct his staff to make such inspections of canal-irrigated crops as he thinks fit. Remissions under this rule are only admissible if there has been a complete failure or destruction of a crop due to causes beyond the control of the cultivator. If the failure is so nearly complete that it is believed that the outturn is less than a 25-paisa crop, it shall be treated as complete.

(ii)       In the case of a widespread calamity affecting large area in more than one revenue estates, claims for remission for occupier’s rates shall be presented to the Divisional Canal Officer or the Deputy Commissioner, and it will also be open to these Officers to initiate suo motu proposals to secure remission. If these Officers are agreed that remission should be granted and also as to rate at which it should be granted, and if the total remissions are not likely to amount more than Rs. 25,000 in any canal division, remission can be granted without further sanction, If remissions are likely to exceed this sum or if the Deputy Commissioner and the Divisional Canal Officer are not in agreement as to the necessity for granting remissions or as to the rate of remission to be granted, the case will be referred to the Commissioner of the Division, who will consult the Superintending Engineer. The reference should be in considerable detail, particularly in the event of disagreement between the Deputy commissioner and the Divisional canal officer, and the view of both officers, with reasons, fully given. The Deputy commissioner is at liberty to direct his staff to make such inspections of canal irrigated crops as he thinks fit . If the commissioner and the Superintending Engineer are not in agreement, a further reference will be made to the Financial Commissioner, who will consult the Chief Engineer, and if there is further disagreement the case will be referred to the provincial Government for orders.

The Commissioner and the Superintending Engineer, if in agreement, can grant remissions up to one lakh of rupees without further sanction and the Financial Commissioner and the Chief Engineer, if in agreement. Can grant remission upto any amount which they deem to be necessary.

If it is believed that over a considerable area and average crop in the particular season-

is more than a 25 paisas but less than 50 paisas crop, half may be remitted;

a)                 is less than a 25 paisas crop, the whole may be remitted.

b)  The above shall apply after Rabi 1930-31 and from Kharif 1929 upto Rabi 1930-31 both crops inclusive. Kharaba remission for failed crops on this canal shall be governed by the following special rules:-

Claims of remissions.–In cases of remission of occupiers rates for failed crops:–

1)         The Zilladar is required to give remissions on the following scale:-

a)         No remission shall be given-

(i)        In respect or crops which have been cut or grazed prior to inspection.

(ii)       When a crop is equal to or better than 50 paisas one.

(iii)      When a light rate is charged for crops grown on the wadh of a previous crop.

b)         When a crop is equal to or better than a 25 paisas one, but worse than a 50 paisas one, half remission shall be granted.

c)         When a crop is equal to or better than a 25 paisas one, fall remission shall be granted.

d)        In the case of mixed crops not specially classified , the remission will be dealt with in accordance with Rules 23 and 24.

2.         Any cultivator not satisfied with remission granted by the Zilladar may prefer an appeal within 10 days of the communication to him of the Zilladar’s order. No appeal shall be allowed in respect of a crop which has been cut or grazed.

3.         Appeals against the decisions of the Zilladar may be presented to the Deputy Collector, Sub-Divisional Officer of Divisional officer , and should be promptly required into and decided. The decision given on appeal by the Divisional or sub-Divisional officer or Deputy Collector, as the case may be, shall be final.(See Rule Sec. 32). 

“Rules 20 does not apply to the Chanab Inundation Canals.” 

Following Rule 20 applies to the lower Jhelum canal:— 

“20 Claims for remissions.-In cases of occupiers’ rates for failed crops,—

i)          Claims for remissions of occupiers’ rates which may arise from failure or stoppage of supply or from other cases other than those mentioned in parts II-IV below, shall be presented to the Divisional or Sub-Divisional officer or Deputy Collector as soon as possible and in every case before the crops is cut. It the claim is admitted , the Divisional canal officer may remit to the limit of Rs. 100 in each individual case, provided that the aggregate remissions of occupiers’ rate for any revenue estate does not exceed Rs. 2,000. The unit of remission in such case will be the field number . IF the area affected is a large part of  a revenue estate, claims for remission may be made by the headman concerned whether to the Deputy Commissioner or the Divisional canal officer. Either to these officers to whom a claim is made shall consult the other as to the necessity for granting remission, and if they are both agreed that remission should be granted, then such remission may be granted without further sanction upto a limit of Rs.10,000 for each estate. If the Deputy Commissioner and the Divisional Canal Officer are not in agreement or if the amount to be remitted exceeds Rs. 10,000 the case will be referred to the Commissioner, who will deal with it as indicated in Rule III. In such cases the views of both the Deputy Commissioner and the Divisional Canal officer and the reasons for them should be forwarded to the Commissioner to enable him and , if necessary , higher authority , to arrive at decision. The Deputy Commissioner is at liberty to direct his staff to make such inspections of canal-irrigated crops as he thinks fit.        

Remissions under this Rule are only admissible if there has been a complete failure or destruction of crop due to causes beyond the control of the cultivator. If the Failure is so nearly complete that it is believed that the outturn is less than 25 paisas crop, it shall be treated as complete.

ii)        In the cases of failure of crop caused by agents such as hail, sever dust storms, extensive flooding, rates, locusts and other insect pests, claims for remission of occupiers rates , shall be presented to the Divisional Canal officer by the cultivators concerned or by the Lambardar of the Village. The Divisional Canal Officer having himself, or in consultation with the Deputy Commissioner, decided that the damage was not so extensive as to make field inspection impossible ,such inspection will be carried out. In such cases if it be found that the crop is —

a)        more than 25 paisas but less than 50 paisas, than half may be remitted;

b)         less than 25 paisas the whole may be remitted.

iii)       In the case of widespread calamities such as damage to wheat by disease, to cotton by bollworm, or other disasters of a widespread nature, where field to filed inspection in not practicable, claims for remission of occupiers’ rates must be presented to Divisional Canal officer or the Deputy Commissioner by the cultivators concerned or the Lambardar of the village, and before the crop is cut; but it will also be open to these officers to initiate suo motu proposals for the grant of remission. If these officers are agreed that remission should be granted and , if the total remissions are not likely to amount to more than Rs. 25,000 in any canal Division, remission may be granted without further sanction. If remissions are likely to exceeds this sum of if the Deputy Commissioner and the Divisional officer are not in agreement as to the granted the case will consult the Superintending Canal officer. The reference should be in considerable details. Particularly in the event of disagreement between the Deputy Commissioner and the Divisional Canal. Officer and the views of both officers, with reasons fully given. If the Commissioner and the Superintending canal officer are not in agreement a further reference will be made to the Financial Commissioner who will consult the Chief Engineer and if there is further disagreement the case will be referred to the provincial Government for orders.

The Commissioner and Superintending canal officer, if in agreement , can grant remission upto one lakh of rupees without further sanction, and the Financial Commissioner and the Chief Engineer if in agreement, can grant remission upto any amount which they deem to be necessary.

If it is believed that the average crop over a considerable area is –

a)                 more than 25 paisas but less than a 50 paisas crop, half may be remitted;

b)                less than a 25 paisa crop, the whole may be remitted.

iv)       The unit may be a block of estates or portions of estate. The method to be followed shall be decided in each case in consultation with the Deputy Commissioner.  In the case of widespread calamities which only come to light after the crop has been cut, the Revenue and canal officer working in consolation, shall fully investigate the facts of the calamity and submit a detailed report of the circumstances to Government whose specific orders will be necessary before any remission at all is granted. The report should make as close and estimate as possible of the amount of damage , expressed in term of paisas in a rupee, to the particular crop concerned taken over the whole of the revenue estate and not only over the field in which damage has occurred. Such a calamity may affect a particular crop only but, so far as the crop is concerned, it may affect a general over continuous areas, or may affect some fields and not others although the total extent of the damage is large.

Note:- a)         where there are two Schedules of occupier’s rate on a canal this implies that a normal or 100 paisas crop in an estate subject to the lower schedule yields a smaller outtern than a normal crop in an estate subject to the higher Schedule.

b)         A normal crop should be regarded as one given yield to that adopted by the Settlement officer for that crop in framing his half net assets estimates.

(V)       Claims for remissions of ordinary charges other than Occupiers’ rates payable for the use of canal water shall be admitted only on proof of actual loss caused by the stoppage of supply ; on proof of such loss the whole or any portion of the charge may be remitted as hereinbefore provided.

(VI)     If a claim for remission of ordinary charges other than occupier’s rate be rejected by the Divisional canal officer the Claimant may prefer an appeal to the Superintending Canal officer. 

20-A    Who to be deemed “occupiers”.- (i) For the purposes of Sec. 36 of the Act, the following persons shall be deemed to be “ occupiers” namely:-

a)                 Where the land owner is in actual cultivating occupancy –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- tenants.

c)                  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, the contractor and such tenant and sub-tenants.

d)                 Where the land is in the actual cultivating occupancy of a  mortgage and the mortgagor.

ii)        In the case referred to in clauses (b) and (d) of clause 1–

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

b)                the landlord, the contractor and the tenant or Sub-tenant, or

c)       the mortgage and mortgagee,

as the case may be, shall be jointly and severally liable for the payment of the occupier’s rate.

iii)       The expressions “land owners” and “ tenants” in this rule shall have the meanings respectively assigned to them in the Punjab land Revenue Act, 1887( XVII of 1887), new west Pakistan land Revenue Act, 1967 and the Punjab Tenancy Act, 1887 (XVI of 1887).

Of water rates

21.       Charges for the use of water.–The charge for the use of water shall be made on the area irrigated at the rates specified in the Schedules for the time being in force and subject to the following rules. Provided that in the case of land for the irrigation of which water-course have been constructed at the expense of the Government, an additional charge may be levied on crops irrigated within such land, still such time as the cost incurred by Government has been recovered. (See Sec. 36)

Court Decisions

    Rules, r. 21­Canal water, payment for‑Private channels maintained by private owners in private lands‑Included within definition of “watercourse” and therefore part of a canal‑Tube well water supplied through any watercourse‑Canal water within meaning of S. 36‑Occupier of land accepting canal water‑Liable to be charged water rate or occupiers’ rate according to Rules made by Government.

Even private channels, maintained by the private owners in private lands are included in the definition of “watercourse” and, therefore, must be regarded as a part of a canal. Reading the above mentioned two clauses together the inference is irresistible that tube‑well water being supplied through any watercourse is canal water within the meaning of section 36 of the Act. Any occupier of land accepting canal water is liable to be charged water rate or occupiers rate in accordance with the charges determined by the Rules to be made by the Provincial Government.

 As the petitioners admittedly accepted canal water and the rate payable for occupiers accepting canal water, has been fixed by a rule framed by the Provincial Government, the petitioners are, in law, bound to pay it. P L D 1975 Lahore 237 

22.       Charge leviable for preliminary watering when no crop is sown.–When a field receives the first of preliminary watering and afterwards no crop is sown, the lowest rate of charged for  canal water supplied for the irrigation for the crop. 

22.A    (1) When a field receives the first or preliminary watering and after-wards a crop is sown, there shall, subject to the provisions of paragraph (2) of this rule, be payable in respect of that watering the full rate specified in the appropriate schedules as the rate to be charged for canal water supplied for the irrigation for the crop.

2)         When provisions is made in the Schedule for a special rate being charged for a single watering followed by a crop on land irrigated from a channel to which the provincial Government has declared the special rate, and not the full rate which would otherwise be payable under paragraph(1) of this rule. 

23.       Charged for mixed crops.–Mixed crops which have no specific name in the Schedule of occupier’s rates shall be assessed at the highest rate leviable on any one of them. 

24        Charge for crops grown separately in the same field.--Crops grown separately in the same field shall be treated as mixed crops unless the division between them has been clearly marked by a well defined ridge. 

25.       Charge leviable on fields renown.–When the original crop sown in a canal irrigated field fails and is ploughed up and a fresh crop is sown in the same season the occupier’s rate to be levied is that sue on the crop which come to maturity. 

26.       occupier’s rate for fields partly irrigated. If only a portion of a field be irrigated the occupier’s shall be chargeable on the whole field unless such portion shall have been clearly demarcated by a well-defined ridge. 

27.       Charge leviable on fields party irrigation from canals partly from wells or other sources.–Where a portion of field has been irrigated with canal water and a portion with water from a well or any other source, the whole field will be treated as irrigated with canal water and a portion with water from a well or any other source, the whole field will be treated as irrigated with canal water ,unless a clearly distinguishable boundary demarcated by a well-defined ridge exists between the two portions. Where such a boundary exists, enquiry will be made whether the use of water from a well or any other source was owing to deficiency in the supply of canal water in which case the canal charge on the portion irrigated by canal water be reduced to lift rates. (See Sec. 36). 

28.       Use of canal water course for conveyance of water from a well or any other source.–If water from a well or any other source is conveyed in the same channel as canal water in the canal water in the course of the same season, the whole of the irrigation from that channel during such season is liable be treated as irrigation from the channel during such season is liable to be treated as irrigation from the canal. (See Sec. 36). 

29.       Charge leviable or permanent irrigation from escapes.–Irrigation from escape channels when the supply is permanent shall be governed by the same rules as irrigation from other parts of the canal. (See Sec. 36). 

30.       Charge leviable fort intermittent irrigation for escapes.-Irrigation from such channels when the supply is intermittent, may be allowed at such reduced rates as shall from time to time be fixed by the provincial Government in each case. 

31.       When a natural drainage channel or reservoir not being part of the canal is used as and escape channel , if it is so used at the request of persons from it as for irrigation from an escape channel:

Provided that the area, if an irrigated from it previous to the introduction of canal water shall not be liable to water rate, the amount of such area shall be determined by the Collector. In all case in which water is supplied under this rule, a written contract shall be executed setting forth the terms on which it is supplied. 

32.       Charge leviable for taking water from a canal without permission as at times prohibited by proper authority (I-e, during Tails). — persons taking water from a canal without permission or at times prohibited by proper authority shall be chargeable with a special rate as below in respect of all lands on which water has flowed:—

(i)        Cultivated land.- The special rate in this case will be equal to six times and in a addition to the ordinary occupier’s rates leviable on the crop standing at the time in the area ;

(ii)       Uncultivated land.–Equal to six times the highest rate prescribed by the provincial Government in the Schedule of occupiers, rate  for any one;

(iii)      Pond, etc.–Six –time the bulk rate sanctioned for the time being by the provincial Government:

Provided that in each case the Divisional canal officer may impose a lower charge if the thinking fit, and provided further, the this charge may be made for each distinct and separate occasion on which water is so taken.

If the person or persons taking water from a canal in an unauthorized manner cannot be identified the persons chargeable shall be determined in accordance with the provisions of Sec.33 of the canal Act provided the water is conveyed through a water—course. (See Sec. 31 and 33).

Court Decisions

R. 32 & 33­ Persons found guilty of taking unauthorized water from canal or a watercourse of canal‑Held, liable for levy of special charges­-Fact that one of persons making unauthorized use of water is convicted after confession‑Does not exonerate others from penalty under Act‑Penalty, in case of uncultivated land‑‑ To be impose at highest rate off any crop, and not on the basis of actual crop subsequently sown. P L D 1973 Lahore 552 

33.       Charge leviable for canal water used in an unauthorised manner or  suffered to run to waste.–persons using canal water in an unauthorised manner or suffering it to run to waste shall be chargeable prescribed in Rule 32;

Provided that in every case the Divisional canal officer may impose a lower charge, if he thinks fits, and provided further, that this charge may be made for each distinct and separate occasion on which water is so used.

If the person or persons using water in an unauthorised manner or suffering it to urn to waste cannot be identified, the persons chargeable shall be determined in accordance with the provisions of Sec. 33 or 34 of the Act, as the case may be.

For the purposes of this as well as the preceding Rules, the area shall be measured up as soon as possible, and persons chargeable with the special rate having been determined, notice shall at once be given to them on each such occasion that they will be charged accordingly in the demand statement for the area thus watered.

The Special rate shall be in addition to such penalties as may be imposed under Sec. 70 of the Canal Act. (See Sec. 31 and 33). 

Court Decisions

            R.33‑Constitution of Pakistan (1973), Art. 199-“Tawan” imposed on petitioners by Divisional Canal Officer‑‑­Validity-“Tawan” in question, having been imposed by competent Authority acting under Ss.31 & 33, Canal and Drainage Act, 1873, no justifiable exception could be taken to such imposition-Constitutional petition against the imposition of “Tawan” was dismissed in circumstances. 1991 C L C 1423

Kania Lal and others v. Narain Singh and others 50 IC 299 and Zulfiqar Ali and another v. Superintending Engineer, Multan etc. P L D 1957 Lah. 70 ref.

 r. 33‑Liability for unauthorised use of water­course or canal water‑Section 33 of Act XIII of 1873‑Applied only to a watercourse‑Distributory maintained at cost of Govern­ment‑Not a watercourse as defined in S. 3 (2) of Act XIII of 1873‑High Court, held, right in holding that special charges could not be imposed for unauthorised use of distributory’s water under S. 33 read with r. 33‑Legislature having provided for imposition of charges in case of illicit use of water from canal by Amending­ Ordinance XVIII of 1971, object of appellants (canal authorities) held, achieved and effect of High Court’s judgment holding r. 33 (seeking to levy special charges in respect of illicit use of canal water) to be ultra vires of Act XIII of 1873 set at naught yet notwithstanding amendment in S. 33 being retroactive, substituted section could not be made subject of attack in appeal before Supreme Court, High Court having had no occasion to consider effect of substituted section enacted much after delivery of its judgment. 1979 S C M R 62

 r. 33 [as inserted by Government Notifica­tion dated 5th May 1930]‑”Watercourse” and “canal”‑Defini­tions‑Term “canal” wider and more exhaustive in scope­ Term “watercourse” restricted in meaning and scope so as to apply to only those channels not maintained at cost of Provincial Government‑Deliberate cuts made in water channel constructed by and maintained at cost of Provincial Government ‑Provisions of Ss. 33 & 34, held, not applicable and hence order imposing special charges, in circumstances, could not be made‑Rule 33 providing for levy of charges for water used un-authorisedly, held, goes beyond substantive provisions of Act and hence ultra vires of parent statute.

Whereas the term canal is wider and more exhaustive in scope, and includes a watercourse in its ambit, the term water­course is restricted in meaning and scope so as to apply to only those channels which are not maintained at the cost of the Provincial Government. In other words, whenever the Act makes a specific provision relating to a watercourse, its applica­tion has to be confined to those channels which are not maintained at the cost of the Provincial Government. It is common ground that the Gajjiana Distributory, in which the cut was made by the petitioners, was constructed by the Provincial Government and is being maintained at the cost of that Govern­ment. This channel cannot, therefore, be regarded as a water­course according to the definitions contained in the Act. Accordingly, it follows that the provisions of section 33 of the Act are not attracted in this case.

Whereas section 33 of the Canal and Drainage Act, 1873, deals with un-authorised use of water supplied through a water­course, section 34 deals with wastage of water through neglect or otherwise. Both the sections have a common feature inasmuch as the persons made chargeable in respect of the water used in an un-authorised manner or allowed to run to waste are those who would be chargeable in respect of water supplied through such watercourse, in case the culprits cannot be identified. These provisions leave no doubt that the Legislature was providing, in both these sections, measures for the preservation and proper utilization of water supplied by the Department through a watercourse. These sections do not apply to deliberate cuts made in those water channels which do not come within the definition of the term watercourse as contained in clause (2) of section 3 of the Act ; nor do they apply to tae un-authorised use or wastage of that water which is not supplied by the Department through a watercourse. It must be remembered that both these sections are in the nature of penal provisions, and cannot,, therefore, be interpreted in a manner so as to include within their ambit situations or acts or omission or commission not expressly, or by necessary intendment, included by the Legis­lature. For these reasons as well it appears that the impugned order could not be made under section 33 of the Act.

It was, however, submitted on behalf of the respondents that the lacuna noticed by the Court in section 33 of the Act, was removed by means of a notification issued by the Provincial Government on the 5th of May 1930. By this notification a new rule 33 was substituted so as to provide for the levying of charges for “canal water used in an un-authorised manner or suffered to run to waste”. It was stipulated that “in the case of supply through a watercourse the persons chargeable shall be determined in accordance with the provisions of section 33 or 34 of Act VIII of 1873, as the case may be. In the case of a supply through an un-authorised cut or breach in a canal, other than watercourse, the persons chargeable shall be the occupiers of the land on which such water has flowed”.

Held: The only provisions contained in the Act relating to the un-authorised use or wastage of water are those to be found in sections 33 and 34, dealing with watercourses, and there is no separate provision in respect of water supplied or flowing through a canal as distinct from a watercourse. The rules have been framed under section 75 of the Act, which gives power to the Provincial Government to make rules to regulate the matters enumerated in clauses (1) to (5) of that section. Clause (4) is relevant in the present context as it deals with “the amount of any charge made under this Act.” The residuary clause (5) provides for the framing of rules, “generally to carry out the provisions of this Act.” Both in terms of section 75 of the Act, as well as on general principles relating to subsidiary or delegated legislation, it is clear that the rules cannot go beyond the substantive provisions contained in the Act. There being no provision in the Act providing for the levy of special charges in respect of canal water used in an un-autho­rised manner or allowed to run to waste, rule 33 has to be declared to be ultra vires of the Act in so far as it seeks to levy special charges in respect of canal water, as distinguished from water supplied through a watercourse. It seems, there­fore, that the special charges levied in this case cannot be validated with reference to rule 33, taken independently of section 33 of the Act. P L D 1971 Lahore 979

Lal Singh and another v. The Crown P L D 1950 Pb. (Rev.) 1193 ref.

rr. 32 & 33­Persons found guilty of taking unauthorized water from canal or a watercourse of canal‑Held, liable for levy of special charges­-Fact that one of persons making unauthorized use of water is convicted after confession‑Does not exonerate others from penalty under Act‑Penalty, in case of uncultivated land‑‑ To be impose at highest rate off any crop, and not on the basis of actual crop subsequently sown. P L D 1973 Lahore 552 

33-A    [Omitted]. 

34.       An appeal against any charge made under rule 33 on account of water run to waste may be preferred to the collector. 

34-A    An appeal against any charge made under rule 22 to 23 inclusive, other than for water run to waste may be preferred to the Commissioner. 

35.       Schedule of rates to be accessible to villagers. The Patwari of every village irrigated by canal shall be furnished by the Divisional Canal Officer with a statement in Urdu, showing the rates of assessment per ordinary local and canal measurements, which statement shall be suspended in the Chaupal or in conspicuous position in a place of public report.

Notes. Add the words “ of each case of produce” in between the word “assessment” and “ per” for the Chenab Inundation Canals. 

36.       ¹[Cancelled]. 

Legal Amendments

1.         Rule 36 Cancelled by Notification No. 2236 , dated 13^th May , 1892. 

37.       Lambardar’s fees. The allowance to lambardar or other persons collecting revenue from cultivators, shall be three per cent, on the amount collected on condition that full amount due has been apid for each estate, by the date fixed by the Financial Commissioner and that the lambardar has performed his duty connected with the assessment such as personal attendance of 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 collector or Divisional canal officer, as the case may be, subject to take appeal allowed by rule 76 to withhold the whole or part of allowances prescribed in this rule in the event or the conditions not being complied with. –>

Note.- proviso under this rule is not applicable to the Chenab Inundation Canals (See Sec. 47 ).

NAVIGATION

38.       [Cancelled]. 

39.       Ferry and steam boats. Ferry and steam boats shall not be permitted to ply on the canal except under written licenses which shall be in the forms contained in appendices II and II-A , respectively from the Divisional Canal officer , and subject to conditions therein laid down. An appeal against an order revoking such licenses may be preferred within 15 days to the Superintending canal officer, whose order shall be final. (This rule applies only to the Chenab Inundation Canals.) 

40 to 63.          ¹[Cancelled] 

Legal Amendments

1.         Rules 40 to 63 Cancelled by Notification No. 0589 –J , dated 27^th August , 1894.

OF OBTAINING LABOUR , ETC.

64.       Persons exercising the handicrafts detailed below shall in addition to the agriculturists be deemed laborers for the purposes referred to in part VIII:-

Workers in  

“leather’                                             —          Mochi           

“ Oil                                                   —          Teli           

“ earthenware                                   —          Kumhar 

Weaver                                              —          Julaha 

Washer man                                      —          Dhobi 

Water Carrier                                    —          Bhisti 

Barber                                                  –         Nie 

Bearer                                                 –           Kahar 

Fisherman                                         –           Jhiwar 

Millers generally                              –           Kahar 

Graziers                                             –           Charwaha

OF OFFENCES OF PENALTIS

65.       Offences under canal Act triable by Magistrate of the 2^nd Class. The Governor in Council is pleased under Sec. 70 of the Act, to direct that charges of offences under that Section shall be cognizable by a Magistrate of the 2^nd Class.(See Sec. 70). 

66.       No person, without the permission in writing of the Divisional Canal officer, shall pass, or shall cause any animal or vehicle to pass, on or across any of the order, works banks, or chemicals of a canal, or drainage works, after he has been desired desist therefrom , excepting upon such bridges, fords and ferries, and their approaches, as are provided by the Divisional Canal officer. (See Sec. 70). 

66-A    Every person in charge of a vessel navigating the — (read here the name of river of the concerned canal such as sultan for Mails and Pakpattan Canals, Jhelum for Upper and Lower Jhelum Canals) and wishing to pass the vessel across the canal Work at–(read here the name of the head of the concerned canal such as Rasul for lower Jhelum canal, etc.) Shall tie up the vessel is proceeding up streams, clear of the protection works above the canal officer may direct, and shall not permit the vessel to proceed further until he shall have obtained the special permission of the Canal officer in immediate charge of the canal works at– (name of the head of the canal) for the vessels to proceed across the canal works, such permission shall not be given until the person incharge has prepared his vessel for the passage by lowering masts, breaking up rafts, or doing such other things as may, in the opinion of the canal officer be required to put the vessel in a fit state to pass without damage to the canal.

SUBSIDIARY RULES

67.       Assessment and realization of occupier’s rate. The amount demandable for occupier’s rate shall be determined and apportioned by the Divisional canal Officer, and the Collector shall realize the sums due. 

68.       Khatauni to be accessible to villagers. The Patwari is responsible that the village copy of the Khatauni or demand statement is at all times accessible to any person who pays for canal water. 

¹[69.     “Distribution of parches. As soon as the Khatauni and parches of a village or Patti are completed, the Patwari shall hand over all the parches of the village or Patti, as the case may be, to the Lambardar for distribution to the cultivators within four days of their receipt by him and for obtaining acknowledgements from the cultivators in the prescribed form. The Patwari shall also obtain a receipt in the prescribed from the lambardar, which shall be signed and dated by latter for the number of parches delivered to him. The canal Patwari shall in every case endorse the date of distribution on the parches.]

Legal Amendments

1.         This rule 69 was substituted by Notification No. 55/R/55/30132/368/27, dated 2^nd may, 1955 for the following rules.

Distribution of parches. As Soon as the Khatauni parches of a canal Patwari circle are complete, he will inform the lambardar of the dates on which the parches will be distributed in each village. The Lambardar will call upon the irrigators to attend and receive the parches from the canal Patwari. Undistributed parches will be entrusted to the Lambardar of the Village. The Canal Patwari will in very case endorse the date of distribution an the Parches. 

70.       Complaint against Khasra entries, If a cultivator desires to contest the correctness of the entries made against him in the demand statement, Whether as to the fact of the land having been irrigated of its being charged “ flow” or “lift” or as to the measurement and entries of  class or crop, he shall lodge a complaint with the Divisional or Sub-Divisional canal officer, or Deputy Collector or Zilladar, within twenty –one days of the date on which the parchas were distributed on the completion of the measurements of the village or if he has been charged without having done any irrigation from the canal during the harvest under assessment, or if no parcha has been delivered either to him or to the lambardar within ten days of the date on which he first became acquainted with the claim against him, and the claim shall be investigated on the spot within fifteen days of receipt and promptly decided.

On a complaint being presented to a Zilladar, the shall immediately make local enquiry and report the circumstances of the case to the Sub-Divisional canal officer for orders. 

The order of Divisional or sub-Divisional Canal officer, or Deputy Collector, in such cases shall be forthwith communicated to the complainant , and shall be subject to appeal to the Commissioner of the Division. (See Section 75).

Note–For Rangpur and Haveli canals read “Collector, Revenue Assistant Irrigation Revenue Assistant and Tahsildar,” in Rule 70. 

71.       Objection may be made by Lambardar ete. On behalf of cultivator. When a Lambardar or other person is responsible under Section 46 & 47 of the said Act, for payment of the occupier’s rates in a village , or any portion of a village ,complaints under these rules may be lodged by such Lambardar or contractor instead of by the cultivators and any refund that may be necessary in consequence of the order passed upon objection so lodged shall be paid by the Collector to such lambardar or contractor on account of the cultivator concerned . (See Section 25). 

72.       Method of dealing with alterations in the demand. If after the giving of the parchas any addition is made to the demand, or any reduction is allowed on a claim under rule 20, or appeal under rule 34, or by way of remission under Section 32, clause (n) of the Act, or otherwise such addition or reduction shall be communicated to the cultivator by means of supplementary parchas. Demands shall be  shown in black and remission in red letters. All such alterations as are made before the dispatch of the Khatauni to the Collector shall be included in that document, and shall be written on slips similar printed (black for additions and red for reductions) and attached to the Khatauni. Alterations made after the dispatch of the Khatauni shall be communicated to the Collector by means of the similar slip. 

73.       Provided for in rules 81 to 83 

74.       Irrecoverable balances. When balances are found to be irrecoverable owing to want of assets, absconding of defaulters or any other cause they shall be reported by the Collector to the Commissioner, who if he sees fit, will forward each to the Financial commissioner for such action as may be necessary under the order of Government. 

75.       [omitted]. 

76.       Appeal against retrenchment of fees. An appeal against retrenchment of fees of lambardar shall lie to the Commissioner of the Division of Collector according as the Collector or Divisional canal Officer has made the retrenchment. (See Section 75). 

77.       Receipts for water rules.  Receipts shall , when demanded, be given by the lambardar or other person making the collection to each cultivator on payment of occupier’s rate. 

78.       General prohibitions. No person employed on a canal shall, without previous sanction obtained from the Divisional Canal officer, have any interest in the distribution or use water from the said canal, or purchase or bid for , any Government property sold thereon, either in his name , or in the name of another, or jointly or in shares with other. (See Section 75). 

79.       Procedure. This rule was framed especially for the Dera Ghazi Khan. 

79-A    Rules regulating the service of summons and notices and the publication of notices, proclamations, etc. Every summons, notice, order, requisition and proclamation which , under the canal and Drainage Act, 1873 or the rules thereunder, is required to be served on, or issued delivered or communicated to any person or published (as the case may be) as hereinafter provided. 

79-B    Every such summons, 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. 

            79-C    Every public notice or proclamation shall be issued or made by posting certified copies thereof:—

a)         At the office of the office 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 residence of the persons affected thereby, and by beat of drum or oral proclamation or other customary method. 

79-D    Every summons notice, order or requisition which is required to be served on or delivered or communicated to any person shall, whenever, possible be served delivered or communicated:–

a)         personally on or to the person to whom it is addressed , or failing him:

b)         on or to his recognized agent, or failing such agent:

c)         on an adult male member or his family usually residing with him.

Court Decisions

79‑D & 79‑E‑Notice­Process server reporting making of proclamation and affixing copy of notice in chowk‑Any effort to serve petitioners personally or by post or their refusal to accept notice not discernible from record‑Record not suggesting satisfaction of officer with service of notice in accordance with Rules‑Held, in circumstances, petitioners not duly served and requirements of Rules not at all satisfied‑Order passed without notice set aside‑Open to departmental authorities to pass fresh orders in accordance with law. 

 1982 C L C 804 

79-E    If Service, delivery or communication cannot be effected, or if acceptance ot service delivery or communication is refused, the summons, notice , order or requisition may be served, delivered or communicated by posting a copy thereof at the usual or last known place of residence or the person to whom it is addressed, or if that cannot, be done then in such other manner as the officer authorized to issue or make the same may specially direct. 

79-F     If the summons, notice, order or requisition relates to a cases in which persons having the same interest are so numerous that personal service on each one of them is not reasonably practicable, it may be served, delivered or communicated by delivery of a copy thereof to such of those persons as the officer authorized to issue or make the same, specially nominate in his behalf and by proclamation of the contents thereof for the information of the other persons interested. 

79-G    A summon, notice order, or requisition may be served on or delivered or communicated to the person named therein, either in addition to or in substitution for, any other mode of service by forwarding the summons, notice, order or requisition by post in registered letter addresses to the person. 

79-H    When a summon, notice, order or requisition is so forwarded in a letter, and it is proved that the letter was properly addressed and duly posted and registered, the officer, authorized to issue or make the same, may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post. 

79-I     In every case in which service of any process is not effected personally, the officer, authorized to issue the same shall satisfy himself, be examining the process-sever or otherwise, that such service has been duly effected in the manner required by these rules.

OF APPEALS AND REFERENCES AND THE PROCEDURE THEREIN

80.       Interpretation.          In the following rules the expression “the Court” denotes the office 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 being in force. 

81.       No appeal except when expressly given.           No appeal shall lie from any decision or order given or made under any provision of the Act, except where an appeal is expressly allowed by the Act or by the rules made thereunder and for the time being in force. 

82.       Period for appealing.          The period for presenting an appeal shall be thirty days unless any other period is expressly prescribed and in the latter case the period so prescribed.

Extension of time.   But any appeal may be admitted after the period prescribed when the appellant satisfies the Court that he had sufficient cause for not presenting the appeal within such period.

If the period prescribed expires on a day when the Court is closed, the appeal may be presented on the day that the Court re-opens. 

83.       Calculation of period.        The period prescribed shall be calculated from the date of communication of the decision or order appealed from, and in computing such period, the day when the decision or order is communicated, and the time requisite for obtaining a copy of the decision or order appealed against, shall be excluded. 

84.       Form of appeal.        The application for admission of an appeal be stamped in accordance with the law in force relating to Court-fee, and shall be accompanied by a copy of the decision or order appealed against, and shall state concisely the grounds upon which the appeal is preferred. 

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

Court Decisions

85‑Appeal‑Rules 85 to be read in context that a hearing has to be afforded to appellant before disposing of appeal to bring provision in accord with section 68, Canal and Drainage Act, 1873‑Principles of natural justice that one shall not be adjudged adversely without affording him an opportunity of being heard also to be complied with. 1984 C L C 2981 

86.       Procedure on admission of appeal.         If the application be granted, an entry thereof shall be made in a register of appeals numbered consecutively, and a day shall be fixed for the hearing of the appeal. 

87.       Notice of hearing to be given.      Notice of the date and place fixed for the hearing of the appeal shall be given to the appellant 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 prescribed. 

88.       Contents of notice.  A written notice containing the title of the Court, the names of the parties, the date and place fixed for the hearing of the appeal 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. 

89.       Mode of service.      All notices and processes issued in connection with appeals shall be served in the manner prescribed by rules 79-A to 79-I in connection with the service of summons and notice generally. 

90.       Acknowledgment of personal service. When personal service is effected the addresses shall be required to acknowledge the service by affixing his signature, seal or mark on the back of the duplicate copy to be retained by the serving officer. 

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

92.       Cost of service.         The cost of serving any notice shall be borne in the first instance by the party applicant, 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. 

93.       Hearing may be postponed or adjourned.         The hearing of an appeal may be postponed or adjourned from time to time, as the Court may see fit by written order to direct, to any subsequent date, and notice of date shall be given to the parties in such manner as the Court may direct. 

94.       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 of appeal, or if any appeal, but any party so attending shall be entitled to be heard. 

95.       Court to be satisfied before hearing that notice has been received by parties. The Court shall not proceed to the hearing of 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.

Provided that Court may presume that notice has been served in any of the ways described in Rule 89 above. Provided also, 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 willfully evading service of notice. 

96.       (A)       Procedure on hearing-What parties present. The Court, before passing its order or decision on the appeal, shall record in writing which (if any) of the parties to the appeal are present, in person or by representative, at the hearing thereof.

(B)       Further enquiry by appellate Court.       The Court, if it thinks further enquiry necessary, may conduct such enquiry itself and in such case shall be deemed to be an officer with the powers prescribed in Sec. 69 of the Act.

(C)       Decision or order of Court.           When the hearing of the appeal is conducted, the decision or order of the Court shall, when practicable, be pronounced forthwith and shall be recorded in writing signed by Court, and the substance thereof shall be explained to such of the parties or their representatives as are present when the decision or order is passed or given.

(D)      Translation thereof. Every decision or order in English shall be translated into Urdu, and the translation shall be authenticated by the signature, of the Court and filed with the proceedings. 

97.       Copy thereof be sent to Subordinate Officer. A copy of the decision or order shall be transmitted by the Court to the Officer from whose decision or order the appeal was preferred. 

98.       Copies be granted to parties. A copy of the decision or order of the Court, in English or Urdu, shall be granted to any person concerned or interested therein, who shall apply for the same, upon payment of the Court-fees and copying charges. 

99.       Of re-hearing in certain events.    If any party against whom an order or decision is made or given upon an appeal heard in his absence shall, within thirty days from the date of such order or decision, satisfy the Court that he had received no notice of the time and place fixed for the hearing thereof, or had not received such notice in sufficient time to permit him to appear, and that he did not willfully evade service thereof, the Court may pass an order, if it thinks such order requisite for the ends of justice (and not otherwise),upon such terms, as appear just, setting aside its previous decision or order, and grant a re-hearing, which shall be subject to the same rules as the hearing of an appeal. 

100.     ₁[cancelled] 

101.     ₂[cancelled] 

Legal Amendments

1          R. 100 cancelled vide J.B. Notification No. 3400/Rev. Dated: 23rd February 1938.

2.         R. 101 cancelled vide J.B. Notification No. 3400/Rev. Dated: 23rd February 1938. 

102.     Finality of orders and decision of appellate Court. Except as provided in the three last preceding rules, or, as may be otherwise expressly provided in the rules for the time being in force, the order of decision passed upon any appeal shall be final. 

103.     Scope of rules.         Nothing contained in the foregoing rules applied to the hearing of an appeal from any decision or order in the criminal case under the Act. 

104.     Procedure upon reference under Sec. 27.           Upon a reference to the Commissioner under Sec. 27 of the Act, the procedure shall, so far as may be, be the same as is prescribed in Rule 2 upon a reference under Sec. 20 of the Act. 

105.     Except as provided in Rule 2 and in the last preceding rule, no person shall be entitled to be heard in person or by representative before the superintending Canal Officer, Commissioner, or other higher authority to who, under the provisions of the Act or the foregoing rules, and matter is submitted or referred for sanction, approval or decision.

Nothing in this rule shall preclude the persons concerned from submitting for consideration of any officer or authority, petition relating to any matter so submitted or referred.

INSPECTION OF RECORDS OF WARABANDI CASES

106.     Papers relating to proceedings before a Divisional Officer, his orders on the case, and the statements of Warabandi sanctioned by him under Sec. 68, shall be open to inspection by persons interested therein or their counsel, as the case may be.(See Sec. 68). 

107.     Inspection of the general files containing record of executive proceedings including reports by the officers under the Divisional Canal Officer is not permitted. 

108.     The inspection of the pending as well as of the decided cases is subject to the control of the Divisional Canal Officer. 

109.     The application for inspection of these records shall be made in writing to the Divisional Canal Officer and shall distinctly specify the records, inspection of which is desired. 

110.     The application for inspection of these records shall bear Re. 1/- Court-fee stamp, in addition to amount of inspection fee specified hereinafter. 

111.     The inspection fee shall be Re.1/- for each hour or part of an hour for ordinary, and Rs.2.00 for each hour or part of an hour for urgent inspection on the date of hearing. 

112.     The fee shall be paid in court-fee stamp or stamps affixed to the original application before the file is handed over to the applicant. The stamp or stamps affixed to the application shall be punched and cancelled immediately on receipt of application. 

113.     If more time than is covered by the fee is taken in the inspection, the balance shall be paid at the close of the inspection by affixing the additional fee stamps to the application. 

114.     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 Divisional canal officer they may be regarded as one, in which case one application and one fee shall suffice. 

115.     The inspection of the records shall be made at such time, in such a place and in the presence of such officials as the Divisional canal officer may direct. 

116.     No mark shall be name on any record or paper inspected. The copying of any document or portion of the records in pen and ink is strictly prohibited, but pencil notes from the record may be made by the counsel. 

117.     A separate register shall be maintained in the Divisional officers for all applications received for inspection of Warabandi files and the fees paid for their inspection.

SCHEDULE I 

APPROVED LIST OF FOODER CROPS 

1.                  Jowar (Great Millet).

2.                  Kangni  (Italian Millet).

3.                  Lucern or Alf aAlfa.

4.                  Grass.

5.                  Chari.

6.                  Moth.

7.                  Gaura.

8.                  Swan.

9.                  Rawan.

10.              Medal.

11.              Turnips.

12.              Senj.

13.              Maina.

14.              Shaftal.

15.              Methra.

16.              Sarson or Tara Mira, when sown with any sanctioned fodder crops and cut green for fodder.

17.              Field containing an admixture of wheat or Knsni, which does no appreciably enhance the value of the fodder crops.

18.              Oats grown in declared paddoch area.

19.              Maize grown for fodder sown in March and April.

20.              Vharal of kind of pea.

21.              Berseem.

22.              Makchuri. 

THE LIST OF VILLAGES TO WHICH LOWER BARI DOAB CANAL SPECIAL SCHEDULE OF OCCUPIER’S RATES WILL BE APPICABLE WITH EFFECT FROM KHARIF, 1939.

 

 THE LIST OF VILLAGES TO WHICH LOWER CHENAB CANAL SPECIAL SCHEDULE WITH EFFECT FROM KHARIF, 1969

 

 THE LIST OF VILLAGES TO WHICH LOWER JHELUM CANAL SPECIAL SCHEDULE OF OCCUPIRES’ RATES WILL BE APPLICATION WITH EFFECT FROM KHARIF , 1969

1.         All villages portions of villages in the Bhera Tehsil irrigated from the Khadur feeder or Khadur Distributary.

2.         All villages in the Shahpur Tehsil except sher Muhammad  and Wagowal and except at villages or portions of villages irrigated fromt the bahiwal Distributary and Godal Distributary.

3.         The following villages in the Sargodha Tehsil-

Northern Branch Chak Nos. 89,93,34,95,103,104,105,108,110, 112 and 115 to 174 inclusive.

Southern Branch Chak Nos. 40,61,63,131,133,134,135,137 to 141and Chak jodh on the Khadir Distributary.

4.         The following village in the Jhang District:-

SARGODHA DIVISION 

Tehsil Chiniot

 

Tehsil Jhang

 

KIRANA DIVISION 

Chiniot Tehsil

 

Shahpur Division

 

SCHEDULE II

SCHEDULE OF OCCUPIER’S RATES, JANUARY, 1978

Notification No. 2/19-S.O (Rev) 63 Vol. IV dated 31^st January, 1978

Application to Muzaffargarh. Pind Dadan Khan and Indus Inundation Canals.

 

Note:- The rates shown in the Schedule are for flow Irrigation . For lift irrigation half of these rates will be chargeable.