(1) If a person demolishes, alters, enlarges or obstructs a watercourse or a temporary watercourse or causes any damage thereto, any person affected thereby may apply to the Sub-Divisional Canal Officer for directing the restoration of the same to its original condition.
(2) On receiving an application under sub-section (1) the Sub- Divisional Canal Officer may, after making such enquiry as he may deem fit, enquiry, by a notice in writing served on the person found to be responsible for so demolishing, altering, enlarging, obstructing or causing damage, to restore, at his own cost, the watercourse or temporary watercourse to its original condition within such period not exceeding twenty-one days, as may be specified in the notice:
Provided that in case of a temporary watercourse its restoration shall not be for a period exceeding one year.
(3) If such person fails to the satisfaction of the Sub-Divisional Canal Officer, to restore the watercourse or temporary watercourse to its original condition within the period specified in the notice served on him under sub-section (2) the Sub Divisional Canal Officer may cause the watercourse or temporary watercourse to be restored to its original condition and recover the cost incurred in respect of such restoration from the defaulting person. The Sub-Divisional Canal Officer may order recovery of a sum not exceeding Rs. 500 from the defaulting person by way of penalty. Out of this sum so recovered the Sub-Divisional Canal officer may order any amount to be paid to the aggrieved person for the damage caused to him. In case the penalty is not paid the same shall be recoverable as arrears of land revenue.
(4) Any person aggrieved by the order of the Sub-Divisional Canal Officer. May prefer an appeal within fifteen days of the passing of such order to the Divisional Canal Officer, whose decision on such appeal shall be final.
(5) Any sum which remains unpaid within a period to be specified for this purpose by the Divisional Canal Officer may be recovered as arrears of land revenue.
Restoration of demolished or altered etc.
Watercourse.
14. CANAL AND DRAINAGE 1974: Haryana Act 29
25. Notwithstanding anything contained in this Act or any other law for the time being in force, no civil court shall have jurisdiction to entertain or decide any question relating to matters falling under section 17 to 24.
PART IV OF THE SUPPLY OF WATER
26. In the absence of a written contract, every supply of canal water shall be deemed to be given at the rates and subject to the conditions prescribed.
27. Such contracts and rules must be consistent with the following conditions:-
(1) The Divisional Canal officer may not stop the supply of water to any watercourse, or to any person, except in the following cases:-
(a) whenever it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority and with the previous sanction of the Superintending Canal Officer;
(b) whenever and so long as any watercourse is not maintained in such proper customary repair so as to prevent the wasteful escape of water therefrom;
(c) within periods fixed from time to time by the Divisional Canal officer;
(d) whenever water is not used for the purpose for which it was being supplied.
(2) No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage or reduction of water in the canal by reason of any cause beyond the control of the State Government or of any repairs, alterations or additions to canals, or of any measures taken for the regulating the proper flow of water therein or for maintaining the established course of irrigation which the Divisional Canal officer considers necessary; but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorized by the State Government.
In absence of written contract water-supply to be subject to rules.
Power to stop water-supply and compensation.
Bar Jurisdiction of civil court.
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(3) If the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner prescribed in sub section (2), the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising from such interruption, and the Collector may award to the petitioner reasonable compensation for such loss.
(4) When the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, but if it be supplied for irrigation two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation and to apply to such crops only as matured within that year.
(5) If any written contract or agreement for the supply of canal water has been made in which the period has not been specifically mentioned, it shall be deemed to have been made for one year unless such contract or agreement is renewed for another year.
Provided that a contract or agreement executed before the commencement of this act, shall, if a period of one year or more has already expired, cease to have effect on the date of commencement of this Act.
(6) No person, entitled to use the water of any canal or any work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use, without the permission of the Superintending Canal Officer:
Provided that the aforesaid provision shall not apply to the use by a cultivating tenant the water supplied to the owner for the irrigation of the land held by such tenant.
Provided further that all contract made between the State Government and the owner or occupier of any immovable property as to the supply of canal water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property take place.
*Substituted vide Legislative Department Notification No. 31-Leg/80 dated the 30 th July, 1980
16. CANAL AND DRAINAGE 1974: Haryana Act 29
(7) No right to the use of the water of a canal shall be, or be deemed to have been acquired under the Limitation Act, 1963, Part IV, nor shall the State Government be bound to supply any person with water except in accordance with the terms of a contract in writing.
(8) where the supplies are made under some contract or agreement for specified purpose, the Divisional Canal Officer may stop such supplies after giving notice to the person concerned and after affording him an opportunity of being heard, on the ground that there is breach of contract or agreement or the water is needed for the public purposes by the State Government.
PART V OF WATER RATES
28. If water supplied through a canal is used in an unauthorised manner, and if the person by whose Act or neglect such use has occured cannot be identified, the person who has derived or may derive benefit therefrom, shall be liable to the charges prescribed for such use.
29. If water supplied through a watercourse or an outlet be suffered to run to waste and if, after enquiry by the Sub-Divisional Canal Officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of water supplied through such watercourse or an outlet shall be jointly liable for the charges made in respect of water so wasted.
*30. (1) All charges for the unauthorised use or waste of water may be recovered in addition to any penalties incurred on account of such use or waste.
(2) All questions, under sections 28 and 29, including questions pending for disposal on the commencement of the Haryana Canal and Drainage (Amendment) Act, 1980 shall be decided by the Canal Executive Officer.
(3) An appeal shall lie to the Collector against the decision of the Divisional Canal Officer empowered under sub-section (2) within a period of thirty days from the date of such decision.
Liability when person using unauthorisedly cannot be identified.
Liability when water run to waste.
Charges recoverable in addition to penalties.
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(4) The Commissioner may, on an application made in his behalf by an aggrieved person, within a period of thirty days from the date of the orders, revise an order passed in appeal under sub-section (3).
“Explanation :- for the purposes of sub-sections(2) and (3), “ Canal Executive Officer” means a member of the Haryana Civil service (Executive Branch) specially empowered by the State Government by notification, in this behalf.”