(1) The Deputy Collector may, if in his opinion it is necessary so to do, pass an order 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 an inquiry into the matter and without giving a notice to 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 dispute or 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 Disposal of claims to compensation.
Limitation of such claims.
Power of Deputy Collector to order use or distribution of water and settlement of differences.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023 (PAUSA 6, 1945 SAKA) 69 watercourse shall, subject to an order passed on appeal or revision under subsections (5) and (6), be final.
(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, suo motu or on an application made in this behalf by an aggrieved person, revise an order passed in appeal by a Divisional Canal Officer under sub- section (5) :
Provided that no such application shall lie unless it is made within 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.
48. The 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.
49. Any officer empowered under this Act to conduct any 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.
50. Except as otherwise provided, all claims against the State Government in respect of anything done under this Act may be tried by the Civil Courts, but no such court shall, in any case pass an order as to the supply of canal water to any crop sown or growing at the time of such order.
PART IX FORMATION OF WATER USER ASSOCIATION
51. The State Government may, by notification published in the Official Gazette, establish water user associations (WUAs) to inculcate a sense of ownership amongst stakeholders. The water user associations may assist Canal Officers for the following purposes, namely:-
(a) resolution of disputes amongst shareholders;
(b) preparing water conservation plans and promote efficient use of surface water;
Correction of clerical error.
Power to summon and examine witnesses.
Jurisdiction under this Act of Civil Courts.
Water user association.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023 (PAUSA 6, 1945 SAKA) 70
(c) preparation of demand and collection of water cess.;
(d) recommending maintenance schedule for water bodies;
(e) removing encroachment from the canal infrastructure;
(f) schedule of releasing waters in canals;
(g) use of village ponds and drains for irrigation purposes;
(h) identifying the sources of pollution and taking appropriate action; and
(i) preparation and implementation of warabandi.
PART X OFFENCES AND PENALTIES
52. Whoever, without proper authority, does any of the following acts, namely:-
(a) damages, alters, enlarges or constructs any canal or drainage work;
(b) interferes with, increases or diminishes the supply of water in or 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;
(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 an 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;
Offences under the Act.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023 (PAUSA 6, 1945 SAKA) 71
(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) violates any rule made under this Act for breach whereof a penalty may be incurred; and
(k) disobeys any order passed under section 47.
shall, in respect of offences under clauses (a) to (j) are cognizable and be liable, on conviction to a minimum fine of five thousand rupees but not exceeding fifty thousand rupees or to imprisonment not exceeding six months or to both.