Punjab Minor Canals Act,1905
Extended to the territories which immediately before the Ist November,1956, were comprised in the State of Patiala and East Punjab States Union by Act 18 of 1962.
–Amended by Punjab Act 25 of 1964.
Received the asset of His Honour the Lieutenant Governor of the 7th April,1905, and that of His Excellency of Viceroy and Governor-General in Council on the 12th May,1905. The Governor-Generals assent was first published in the “Punjab Government Gazette” of Ist 1905.
An Act to make better provision for the control and management of minor cannals in Punjab.
Whereas it is desirable to make better provision for the exercise of control over and for the regulation of the management of certain minor canals in Punjab;
It is hereby enacted as follows:-
NOTE
Statement of objects and reasons. “The object of the present Bill is to legistate for those minor canals in the Province to which the provisions of the Northern India Cannals and Drainage Act 1873 either were never intended to have any application or are, if applicable under the definition of “canal” in sub-section (1) of section 3 of that Act to a large extent inappropriate. The elaborate provisions of Act VIII of 1873 are in their entirety not suitable and when suitable are insufficient, in the case of many minor irrigation works which are controlled by, and under the management of, Government officers, while they were never intended to apply at all to those canals which are under private management, but are controlled by Government in the interests of the owners of persons deriving benefits thereon, and on which State expenditure is confined to the maintenance of a small supervising establishment and all realizations for water advantages are appropriated to the benefit of the owners of the cannal and to its maintenance and are to credited to the State. The preset Bill, which is to be self-contained and, therefore, embodies such of the provisions of Act VIII of 1873 as are considered necessary or suitable to some of the canals which will be governed by its provisions, is intended to make better provision for the exercise of control over, and for the regulation of the management of both these classes of canals, the degree of such control and management varying as the canal is one under Schedule I or one under Schedule II of the Bill. Power is given to the Local Government by notification to include any ” canal as defined in clause 3(ii) of the Bill, under either Schedule I or Schedule II or to transfer a canal from one Schedule to the other Schedule. Whereupon the provisions of the Bill applicable to canals included under such Schedule or such of those provisions as the Local Government may direct shall apply to such canal. Ordinarily and as a general rule, a canal controlled by Government and managed by Tovernment officers or District Boards will, in practice, be included under the first, and a canal under private management but subject to Government control will be included under the second Schedule, but this will not be so necessarily, and the decision in every instance is left to the discretion of the Local Government. The Local Government may also, by notification, exclude from the operation of the Bill any canal which has been included under either Schedule I or Schedule II, but so long as a canal is included under one or other of these Schedules noting in the Northern India Canals and Drainage Act of 1873 was mainly designated are ”
Cher Labour arrangements.
Zar-i-nagha funds.
Record-of-rights.
Settlement of disputes between right-holders.
Hitherto such matters have been provided for in settlement engagements, and by agreement between Government and those interested in the maintenance of effic ient i rrigation arrangements, and generally speaking, the good sense and co-operative spirit of the people have enabled the Government officers charged with the control of the works to conduct operations successfully. But with increased sophistication and the extension of the reign of statutory law it has become necessary in the interest both of Government, of right-holders, ad of irrigatiors to secure a legal basis for which has hereto rested merely on executive authority, and thus to maintain established and successful systems against the invasion of recalcitrant individuals or minorities.
The right of Government to exercise control over private canals is based in part on the fact of the Government title to the water flowing in rivers and streams, which is asserted in the preamble of the Canal Act of 1873, and in part on the same fundamental principles which in India as in other countries has necessitated legislation for the control of railways, shipping, gas and water companies and all corporations which are in the position of monopolists towards the public or a section of the public, The owner of a private canal is, likewise owner of an irrigation well, independent of relations with all persons outside the finger-fence of his own country. Even when the canal is constructed solely to irrigate the owners land the interests of the State are involved in the detraction of water from the river or natural stream, and it is rarely the case that a supply channel can be constructed with its bed passing through land belonging to other persons. When, as is more commonly the case, irrigation is supplied not only to the canal owners lands, but also to whatever area, however owned, may be commanded by the available supply, relations arise which in the interest of owners and irrigators and of peace and good Government generally, require to be controlled and regulated. Even with such powers as the Bill confers, cases may arise and they have arisen in the past ” in which mis-management on the part of the private canal- owners causes such public inconvenience as to justify Government stepping in and either managing the canal temporarily, accounting for surplus profits or acquiring it permanently under provisions analogous to those of the Land Acquisition Act.
It is also desirable to make provision in this Bill in respect of canals, rivers, creeks, water ” courses and subsidiary works which are situate partly in this province and partly in Sind or in Native State such as Bahawalpur. For the proper maintenance of such canals, etc. and their protective works in a state of efficiency and to ensure the due supply of water thereto from the sources in British territory it is often found necessary to do such acts and to exercise such powers as are provided for in this Bill in respect of canals and subsidiary works situate in the Punjab and it is intended by clause 63 to empower the Local Government to give such assistance to the authorities concerned as will suffice for the maintenance of those canals which are supplied with water from canals situated in this Province” . (Punjab Gazette,1903, Part V, pages 100-101).
Section 1. Short title and extent
(1) This Act may be called the Punjab Minor Canals Act of 1905.
(2) It shall extend to the whole of Punjab.
