(1) The Divisional Canal Officer may stop the supply of water to any watercourse, or to any person(s), within periods fixed from time to time in the following cases, namely:- Bar on jurisdiction of civil court.
In absence of written contract water supply to be subject to rules.
Power to stop water supply and compensation.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023 (PAUSA 6, 1945 SAKA) 62
(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; and
(c) 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 the canal, 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(s) suffering such loss due stoppage of water for irrigation may claim remission of the water cess payable for the use of the water as is authorized by the State Government.
(3) 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 is to be supplied for irrigation for 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.
(4) 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, continue for a period as mentioned in such contract or agreement.
(5) 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:
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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 takes place.
(6) 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.
(7) 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 WATER RATES
24. If water supplied through a canal is used in an unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be identified, the person who has derived or may derive benefit therefrom, shall be liable to the charges prescribed for such use.
25. 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.