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Section 4

The Punjab and Canal and Drainage Act,2023State Act of Punjab · Act 11 of 2023

(1) Whenever it appears expedient to the State Government that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection or still water, should be applied or used by the State Government for the purposes of any existing or projected canal or drainage work, the State Government may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification.

(2) As soon as it is practicable after the issue of such notification, the Collector shall cause public notice to be given in the manner prescribed, stating that the State Government intends to apply or use the said water.

(3) The persons affected by such notification shall be entitled to lodge claims for compensation in respect of matters mentioned in section 7 before the Collector.

5. The State Government may, by notification in the Official Gazette, prohibit installation of any tubewell other than a State tubewell within a distance of, not exceeding 150 meters from a State tubewell.

6. At any time after the day so named, any Canal Officer, acting under the orders of the State Government, may enter on any land and remove any obstruction, close any channel, demolish any tubewell and do any other thing necessary for the application or use of the said water.

7. The compensation may be awarded for any damage caused for the following matters, namely:-

(a) stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or Power to appoint officers.

Utilization of water for public purposes.

Power to prohibit installation of tubewells.

Power of Canal Officer.

Compensation for damages.

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023 (PAUSA 6, 1945 SAKA) 55 underground, in use at the date of the said notification;

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

(c) stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within five years next before the date of the said notification;

(d) damage done in respect of any right to a water course of the use of any water to which any person is entitled under the Limitation Act, 1963, Part IV; and

(e) any other substantial damage, not falling under any of the above clauses (a), (b), (c) or (d), and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.

In determining the amount of such compensation, the procedure as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be followed.

PART III OF THE CONSTRUCTION AND MAINTENANCE OF WORKS

Where this provision sits

ActThe Punjab and Canal and Drainage Act,2023
Section4
JurisdictionState of Punjab
StatusIn force as published by the source

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