(1) The Deputy Collector may, if in his opinions it is necessary so to do, pass as to the use or distribution of water from a watercourse amongst persons in any estate or a group of estates or in any holding or group of holdings in such estate or estates:
Provided that no such order shall be passed by the Deputy Collector without making any inquiry into the matter and without giving a notice to all the persons interested that, on a day to be named in such notice, he shall proceed to inquire into the said matter.
(2) Whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a watercourse, any such person may apply in writing to the Deputy Collector stating the matter in dispute.
(3) On receipt of an application under sub-section (2) the Deputy Collector shall give notice to the other persons interested that, on a day to be named in such notice, he shall proceed to enquire into the said matter, and after the inquiry he shall pass an order thereon.
(4) An order passed under sub-section (1) or sub-section (3) as to the use or distribution of water for any crop sown or growing at the time when such order is made or with regard to the construction or maintenance of a watercourse shall, subject to an order passed on appeal or revision under sub-sections (5) and (6), be final.
Limitation of such claim.
Jurisdiction under this Act of Civil Courts Power of Deputy Collector to order use or distribution of water and settlement of differences.
---------------------------------------------------------------------------------------------------------------------------------------------- 1974: Haryana Act 29 CANAL AND DRAINAGE 23.
(5) An appeal shall lie to the Divisional Canal Officer against an order referred to in sub-section (4) within a period of thirty days from the date of such order.
(6) The Superintending Canal Officer within whose jurisdiction the watercourse is situated, may suomotu or on an application made in this behalf by an aggrieved person, revise an order passed in appeal by a Divisional Canal Officer under subsection (5):
Provided that no such application shall lie unless it is made with in a period of thirty days from the date of such order.
(7) No order passed under this section shall be liable to be called in question in any civil court.
56. Clerical or arithmetical mistakes in an order passed by an officer under this Act arising from any accidental slip or omission may at any time be corrected by the authority concerned either of its own motion or on the application of any of the parties.
57. Any officer empowered under this Act to conduct an enquiry may exercise all such powers connected with the summoning and examining of witnesses as are conferred on civil courts by the Code of Civil Procedure and every such enquiry shall be deemed to be a judicial proceeding.
PART IX OF OFFENCES AND PENALTIES
58. Whoever, without proper authority, does any of the following acts:-
(a) damages, alters, enlarges or constructs any canal or drainage work;
(b) interferes with, increases or diminishes the supply of water in or the flow of water from, through, over or under any canal or drainage work;
(c) interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal or drainage-work;
Correction of clerical errors.
Power to summon and examine witnesses.
Offences under the Act.
24. CANAL AND DRAINAGE 1974: Haryana Act 29
(d) being responsible for the maintenance of a watercourse, or using a watercourse neglects to take proper precautions for the prevention of waste of a water thereof, or interferes with the authorized distribution of the water therefrom, or uses such water in any unauthorized manner;
(e) causes any vessel to enter or navigate any Canal contrary to the rules for the time being prescribed by the State Government for entering or navigating such canal;
(f) while navigating on any canal neglects to take proper precautions for the safety of the canal and of vessel thereon;
(g) corrupts or fouls the water of any canal;
(h) destroys or moves any level mark or water gauge fixed by the authority of a public servant;
(i) Passes, or causes animals or vehicles, to pass, on or across any of the works, banks or channels of a canal or drainage work contrary to rules made under this Act, after he has been desired to desist therefrom;
(j) disobeys any order passed under section 55;
Shall, in respect of offences under clauses (a), (b) and (c) above be liable on conviction to a fine not exceeding one thousand rupees or to imprisonment not exceeding six months or to both and in respect of other offences shall be liable on conviction to a fine not exceeding one hundred rupees or to imprisonment not exceeding one month or to both.
59. Nothing herein contained shall prevent any person from being prosecuted under any other law for any offence punishable under this Act.