THE SIND IRRIGATION ACT, 1879

~IND ACT xe.vn OF 1879)

( APPLICABLE IN THE PROVINCE OF S'ND )

lJy

HA~tID ALlM. A .• M.Ed .• l.L.B.

•• lxponent (,f the l.aw "

Amended & U pro-date

THE IDEAL PUBLISHERSl ~U!BU(iATJONS OF LAW 100M !Po~ Bolt No. 3514, KanehJ.S.

CONTENTS.

PREAMDLD.PART I

PRELIMINARY

SrCTIONS.

I, Short title

Local extent.

2. [Repealed.]

3. Interpretation-clause

4. Appointment of Canal-officers

Proviso

PART II

01' T nr CONSTRUCTION AND MAIXITNANrr: or CANALS.

Application of Water for purposes of Canals.

3

3

5. Notification when water-supply lo he applied for purposesof canal. 4

Powers of Entry all Lan.l, etc.

6. Powers of Canul-ofliccrs for purpose of so applyingwater-supply 4

7. Entry for inquiry 4

8. Power to inspect anti regulate water-supply 5

9. Power to enter for repairs, and to prevent accidents 5

10. Notice to occupier of building, etc. 5

Canal Crossings.

] I. Means of crossing canals to be provided and obstructionto drainage to be avoided ,

Ii

CONTENTs

Removal ofObsrtuctions 10Drainage.

Sr.CTIONS. Pagca

12. Provincial Government may prohibit formation ofobstructions of rivers, etc., within certain limits. 5

13. Canal-officer may issue order to person causing obstruction 6

14. Canal-officer may cause obstruction to be removed 6

Construction of Drainage works.

15. When drainage-works are necessary, Provincial Govern-ment may order scheme to be carried out. 6

PART ITI

OF WATER-COURSES.

Construction of new Waler-COl/rses.

16. Construction of new water-courses by private arrangement 6

17. Application for construction by Canal-officer of newM~~m 6

18. Procedure when Canal-officer considers construction ofwater-course expendicnt 7Application by person wishing to be joint owner 7If application admitted, applicant liable for share of cost 7

19. Collector to acquire land 7

20. Procedure after construction ofwater-course 7

Rights and Obligations of Owners of Water-course,

21. Obligations of owner of water-courses 8Rights of owners and users of water-courses 8

22. Arrangement with owner by other person 8

23. Canal-officer after inquiry may aulhorise supply, ordeclare applicant to be joint owner 9

24.. Use of land acquired for water-course for other purpose 9

25. If owner fails 10 execute work or to repair water-course,Canal-officer may execute same 9

Person using water-course 10 pay share of expenses of~~ 9

Settlement of Disputes concerning Water-courses.

26. SettlemenI of disputes as to.rnutual rights and liabilitiesof persons interested in water-course 9

iii

CONTlNTS

PART IV

01' 'ruu SUI'I'LY' OF WAHII.

Provisions as 10 supply,

Applications fur Supply,SECTIONS.

27. Water 10 be supplied on written application

and water may be supplied for purposes other lh,," those ofirrigation.

23. Power to stop water-supply

28-A. Recovery of Cost of repairs of module

29. Duration of supply

Pages.

10

10

10

II

11

'::0. Agreemcnts fur supply of water transferable with pro- IIpcrty in respect of which supply given.

Right to usc of water not transferable in other case without 11permission of' Canal-officer.

PART V

OFTH.t AWARD Of CuMPtNSATlON.

CumpcI1s0liuI1whCII cloimoble.

31. Compensation in 'cnses of nsccrtuinablc substantial damage 11

Exceptions

Rcmissiou of water-rates when allowable

32. Limitation of claims

33. [R~pclIled·1

Summary Derisions.

11

12

12

12

34. Compensation 1"'1' damage caused by entry 011 land, elc 12

35. Compensation on account "I' inteHupli,'ll of walcr-supply , 1.3

36. Decision as to amoullt of compcnsauon undcr either oflast two sections conclusive 13

iv

CONTENTS

Formal Adjudications.

SECTIONS. Pages

37. Notice as to claims for compensation in certain cases •. 13

38. Claims to be preferred to Collector . . 13

39. Col-ector to be guided by provisions of Land AcquisitionAd, 1870 13

40 Diminution in market-value to be considered in Iixingcompensation 14

41. Compensation when due

Interest

14

14

Abatements 0/ Land-revenue and Rent.

42. Abatement of revenue-demand on interruption of water-supply 14

43. Abatement of inferior holder's rent 011 interruption ofwater supply 14

Enhancement of inferior holder's rent on restoration ofwater-supply 14

PART VI.

OF WATER-RAns.

Supply Rates.

44. Determination of rates for supply of canal-water 14

Provision for cases in which existing water-supply isimproved 15'

Occasional Rates.

45. Liability when person using watcr unauthorizcdly cannotbe identified 15

46. Liability whcn water runs to waste. • 15

47. Charges recoverable in addition to penalties .. 13

SBcnONS.

Percolation and Leakage Rates

Pages

.,

48. Land deriving benefit from percolation liable to water-rate 15-16

Protection-rate.

49 to 66. [RepeaTed.]

Recovery 0/ Water-rates and other Dues in Arrears.

16

57. Water-rates when and to whom to be paid 16

Arrears to be recoverable as land-revenue 16

Rent due to owners of water-courses to be recoverableas arrears of land-revenue 16

PART VII

OF OBTAINING LABOUR FOR CANALS ON EMERGENCIES.

58. Procedure for obtaining labour for works or repairsurgently required 17

59. List of Labourers 17

6(1. Reports to be made by Canal-officer 17

PART VIII

OF P".N,l.LTIES.

61. For damaging canal, etc.

62. For endangering stabilityof canal, etc.

62-A. Punishment for abetment.

..17-19

19

19

63. Obstruction to be removed and damage repaired 19-20

64. Persons employed on canal may take offenders intocustody 20

65. Saving of prosecution under other laws 20

66. Payment of fine as award to informant 20

vi

PART IX

MISCELLANEOUS.SEcnONS.

67. Appeals against orders under Act

68. Power to summon and examine witnesses

69. Service of notices •.

Pages.

..20-21

21

21

69-A. Service of notice when Person cannot be served in theordinary manner .. 21

70. Power to make, alter and cancel rules

Publication of rules

71. Saving of municipal water-works

PART X

OF SECOND-CLASS IRRIGATION WORKS

72. Application of this Part

73. Notification of Second-class Irrigation Work

74. Proclaimation by the Collector

75. Application of certain sections of the main Act

76. Framing of Record-of-rights

77. Powers of Canal-officer

78. Revision of Record-of-rights

79. Commutation of rights

.• 21-22

22

22

22

.. 22-23

23

.. 24-25

25

25

26

26

80. Power of Provincial Government where works are un-der taken increasing supply. . 26

81. Publication of Record-of-rights 26

82. Entries in the Record-of-rights to be relevant as evidence 26

83. Notice of suit to be given to the Collector 27

SUilS against Provincial Government 27

Period of limitation 27

CONtENTS

SI!(.'TIONS.

84. Obligation to carry out petty repairs

85. Incidence of obligation

86. Power to enforce rights and obligations

87. Duty of Patel to report failure to effect repairs ..

Pa~es.

•. 27-28

28

28

28

88. Public servant and some other persons protected fromlegal proceedings _. 28

89. Power to make rules 29

PART iXI

SPECIAL PROVISIONS FOR CERTAIN LANDS lRRIOABLE BY THE

LLOyD BARMGB CANAU.

90. Application of this Part 29

91. Power to change source of water-supply .. 29-:30

92. Construction of new water-courses and liability of landholders for payment of cost thereof. _ 30

Costs of construction of new water-courses in local areas 31

Distribution of cost of construction over irrigated lands 31-33

92A.

92"8.

r

tRevision of sum due under clause (c) of sub­section (4) of section ~2 and payment thereof •. 33-35

93. Retrospective operation of sections 91 and 92.. 35

2 Irrigation [1879: Sind vn(b) AU works, embankments, structures and supply and

esacape-channels connected with such canals. channels,pipes or reservoirs, and all roads constructed for thepurpose of facilitating the construction or maintenanceof such canals, channels, pipes or reservoirs;

(c) all water-courses, drainage-works and flood embank­ments as hereinafter respectively defined;

(d) any part of a river, stream, lake, sub-soil water, naturalcollection of water or natural drainage-channel, to whichthe [Provincial Government] may apply the provisions ofsection 5, or which the water has been applied or usedbefore' the passing of this Act for the purpose of any exis­ting canal;

(e) all land belonging to '[the Crown] which is situated on abank of any canal as hereinbefore defined, and which hasbeen appropriated under the orders of '[any Government]for the purposes of such canal;

(2) "water-course" means any channel or pipe not maintainedat the cost of '[the Provincial Government], which is supplied withwater from a canal, and includes all subsidiary works connected withany such channel or pipe. except the sluice or outlet through whichwater is supplied from a canal to such channel or pipe;

(3) "drainage-work" means any work in connection with asystem of irrigation or reclamation made or improved by '[anyGovernment] for the purpose of the drainage of the country, whe­ther under the provisions of section IS or otherwise, and includesescape-ehannels from a canal, dams, weirs, embankments, sluices,groins and other works connected therewith, but does not includeworks for the removal of sewage from towns;

(4) "flood-embankment" means any embankment constructed ormaintained by '[any Government] in connection with any system of

1. Subs, by 'he A.O., 1931, for "G.; 0 C:'

2.. Subs.I!.JJ. (or "Govt ...•

3. Su"'./6i4. (or"'he Oov, r.4. b.ened v;de Goof. 01W.P. Ord, No. XXXVIIr of I~ «bled 22nd November, 1961.

1879 : Sind VII] Irrlgatlon

irrigation or reclamation works for the protection of lands frominundation or which may be declared by the '[Provincial Govern­ment] to be maintained in connection with any such ..sy.stem, nndincludes all groins, spurs, dams and other protective works connec­ted with such embankments;

(5) "Collector" '. • • • includes any 91fICer appointed bythe '[Provincial Government] to exercies all or any of the powers ofa Collector under this Act;

(6) "Canal-officer" means any officer lawfully appointed orinvested with powers under section 4;

(7) "owner" includes every person having a joint interest in theownership of the thing specified, and all rights and obligations whichattach to an owner under the provisions of this Act shall attachjointly and severally to every person having such joint interest in theowner-ship.

4. '[The Provincial Government] or; subject to such orders as API'olD!'

may from time to time be passed by '[the Provincial Government], ~~~;~any '[servant of the Crown] whom the '[Provincial Government] Officen.empowers in tliis behalf may-

(0) appoint' such officers with such designations, and assign tothem respectively such powers and duties .under this Act,as '[the Provincial Government] or such officer maydeem fit;

(h) invest' any '[servant of the Crown", in, any department,either personally. or in right of his office., or any otherperson, with such powers, and impose upon him suchduties, under this Act, as '[the Provincial Government]or such officer may deem fit:

Provided that any assignment of, or investment with, powers Proviso.or duties made under this section may at any lime be cancelled orvaried by the authority who made it.

I. Subs. by the A.O., 1937,for"0.inC".2. The words "means the head revenue officer of a district and" rep. by the Sind (jenera I.

Clauses Acl, 1886 Sind 3 of 1886), Sch. B.3. Sub'. by the A.O., 1937, fur Guv!. ...4. Sub'. ibid. for "o/licer of Govl ....S. For notification issued under this sectlon.see S.L.R; and O.6. S"bs. by the A.O., 1937. for "Govt. Officer".

4 Irrigation

PART II

[1879: Sind V1I

~nlrr forIlI,qulry.

OF THE CONSTltUCfION AND MAINTENANCE OF CANALS,

Application of Water for purposes of Canals.

~~~~fic;~,~~. 6. Whenever it appears expendient to the '[Provincial Govern­supply 'Of be ment] that the water of any river or stream flowing in a natural~~~~~~e, ~rf channel, or of any lake or any other natural collection of still water,Ca..l. '[or any sub-soil water], should be applied or used by '[the Provin-

cial Government] for the purposes of any existing or projected canal,the '[Provincial 'Government] may, by notification in the '[OfficialGazette1. declare that the said water. will be so applied or used aftera day to be named in the said notification, not being earlier thanthree months from the date thereof.

Powers of Entry all Land, etc.

~:;'T ;r~·i. 6. At ~l1y t!rnc after the day so named, any Canal-officer dulyCOl' for nur- empowered III this behalf may enter on any land, remove anyp0'f .of So obstruction, close any channel and do any other thing necessary for~,~~e;'~~PP1Y. such ar-nlication or use of the said' water, and for such purpose"may

take wih him, or depute or employ, such subordinates and otherpersons as he deems fit.

7. Whenever it shall be necessary to make any inquiry orexamination in connection with a projected canal, or. with themaintenance of an existing canal. any Canal-officer duly empoweredin this behalf, and any person acling under the general or specialorder of any such Canal-officer, may i->

(a) enter upon such land as he may think necessary for thepurpose, and

(b) exercise all powers and do all things in respect of suchland as he might exercise and do if '[the ProvincialGovernment] had issued a notification under the provi­sions of section 4 of the 'Land Acquisition Act, 1870, tothe effect that land in that locality is likely to be neededfor a public purpose, and

(c) set up and maintain water-gauges and do all other thingsnecessary for the prosecution of such inquiry andexamination.

J. Subs. by the A.O .• 1937, for "G. i. C ".2. Subs. ibid. for "Ihe: Govl .. t

,

3. Subs. ibid, for "n. G. G....4. For such a declaration see S.I..R. and O.5. A. se« now the L:Jnd Acquisition Act, 1894 (I of 1894).6. Inserted vldc Gov l . of w.p. Ord. No. XXXVIII'of 1969 dated 22nd November, 1969.

1879: Sind vn] Irrigation

Powers toinspect a04regulatewatersup­ply.

8. Any Canal-officer duly empowered- in this behalf, and anyperson acting' under: the general' or special order .of any such Canal­officers, may enter upon any land, building i or water-course, onaccount of which anywater-rate is chargeable, for the pUTP\Jse ofinspecting or regulating the use 'of the water supplied or of measu­ring the land irrigated thereby or chargeable with a water-rate, andof doing all things necessary for the proper regulation and manage­ment 'of the canal from which such water is supplied.

9. In case of any accident being apprehended or happenin~ toa canal,any Canal-officer duly-empowered in this behalf, and :anyperson acting under the general 'or special order of any' such Canal­officer, may enter upon any hind adjacentto suchcanal, and. maytake trees and other materials, and exectlte-all works which may benecessary for the purpose of preventing such. accident or repairingany damage done,

10. When a Canal-officer Or other person proposes, under theprovisions of any of the three last preceding sections, to enter intoany building or enclosed court or garden attached to a dwelling'house, not supplied with water from a canal, and not adjacent to aflood-embankment, hi shall previously give to the occupier of suchbuilding, court or garden' such reasonable notice as the urgency ofthe case may allow.

Canal Crossings.11. Suitable means of crossing canals shall be provided at

suchplace as the '[Provincial Governmentl'[or '[any Commissioner1if empowered, by '[the Provincial, Government] in the behalf']thinks necessary for the reasonable convenience of the inhabi­tant of the adiacent land; and suitable bridges, culverts orother works shall be constructed to prevent the drainage of theadjacent land being obstructed by any canal.

Removal of Obstructions to Drainage.12. Whenever it appears to the '[Provincial Government]

that injury to the public health, or public. convenience, or to any canalor to any land for which irrigation from a canal is available, has ari­sen or may arise from the obstruction of any river. stream or natu­ral drainage-course,' the '[Provincial Goveiilmentl· may, by notifi­cation published in the '[Official' Gazette], prohibit, within limits to

powCrloen'er forrepairs, and10 preventaccidenls.

Noli\.."e toOCCI,pieT ofbuilding, etc.

Mean' orcro5singcanalstobe provide"ed and ob­struction todrainge 10be avoided.

ProvincialGovern..ment mayprohibit for..mation ofobstrueticnsor ·riVCB,etc., withincertain limits.

1. Subs. by Ihe A.O., 1937. for "G. in C."

.2.· Ins. hy Ihe Sind Repealing ond Amending Act, 1910 (Sind I or 1910), S. 2. Seh. I, Pl. "Serlal No. 11; .

3. Sind Or1inanc, No: XVII or 1974 NOliri,ollon dl. 22·(0-1974.

4. Subs. or Ihe A.O., 1937, ror ..Govl .",

~. S~b·.., ibid, for, D. O. 0"

Irrigation (1879 : Sind VJI

Canal·om·rer rnaylssue orderto personcausing ot·structlon.Ca'ml -em­cer may ca­use obs'ruc­i(ln to heremoved.

be defined in such notification, the formation of any such obstruc­tion or may, within such limits, order the removal or other modifi­cation of such obstruction.

Thereupon so much of the said river, stream or natural drainage­channel, as is comprised within such limits, shall be held to be adrainage-work as defined in section 3.

13. Any Canal-officer duly empowered in this behalf may,after such publication, issue an order to any person causing or havingcontrol over anysuch obstruction to remove or modify the samewithin a time to be fixed in. such order.

14. If, within the time so fixed, such person does-not complywith the order, the Canal-officer may cause the obstruction to beremoved or modified; and if the person. to whom the order was issueddoes not, when called upon, pay the expenses of such removal ormodification, such expenses shall be recoverable by the Collector asan arrear of land-revenue.

When dra­in:lge-wcrksarc necess­ary. Provin­cial G averu­men t mayorder sche­me 10 hecarried ell:'.

Construction of Drainage-works.

15. Whenever it appears to.the '[Provincial Government] thatany drainage-work is necessary for the public health or for theimprovement of the proper cultivation or irrigation of any land, orth:1l protection from floods or other. accumulations of water, orfrom erosion hy a river, is required for any land, the '[ProvincialGovernment] may cause a scheme for such work to be drawn upand carried into execution,

and the person authorizedhy the '[Provincial Government]to draw up and execute such scheme may exercise in con­nection therewith the powers conferred on Canal Officers bysections 7, 8 and 9, and shall be liable to the obligations imposedupon Canal officers by sections 10 and 34.

PART III

OF WATER-COURSES.

Construction of 11('1\' Water-courses.Construe- 16. Any person may, with the permission of a Canal-officer~~~c~:c~:;::' duly empowered to grant such permission, construct a new water­rcscs oy course if he has obtained the consent of the holder of the land~;~~~I;ell\co" required therefor.Application 17. Any person desiring to construct a new water-course, butf"le.'n,I,,,c- being unable or unwilling to construct it under a private arrangement~i~~c~}~~~~;~ with the holder of the land required for the same, may apply, in"iller-course. ._. . .. __"'_._"_~

J. Sub' by the 1\.0 .• 1931. for "G. iu C".

71879: Sind VII] Irrigation

writing to any Canal-officer-duly empowered to receive such applica-tions, stating:-

(I) that he is ready to defray all the 7xpenses necessary foracquiring the land and· constructing such water-course;

(2) that he desires the said Canal-officer in his behalf and athis cost to do all things necessary for constructing suchwater-course.

18 If the Canal-officer considers the construction of such I'~"c<d(~"water-~ourse 'expedient, he may call upon the applicant to deposit ~I ~R.ce/"­any part of the expense such officer may consider necessary, ~~~;:;t~~fion

and upon such deposit being made, shall cause inquiry to be o[",ter­made into the most suitable alignment for. the' said water-course, ~~i:~,~x­

and shall mark out the land which, in his .opinion, it will benecessary to occupy for the construction thereof,

and.shall forthwith publish a notification. in every villagethrough which the water-course is proposed to be taken, that somuch of such land as is situated within such village has been somarked out,

and shall send a copy of such notification to the Collector ofevery district in which such landis situated, for publication on suchland.

. The said notification shall also call upon any person wh.o t,:I~~~~'~i~nWishes to share In the ownership of such water course to make his on wi~h;ngapplication in that respect to the Canal-officer within thirty days of 10 be joint

the publication of such notification. owner.

If any such applicant appears and his application is admitted If appllcatloa

he shall be l!able to pay his share in the construction of such water- ~~~\~~~icourse, and In the cost of acqumng the land for the same, and shall liable [orbean owner of such water-course when constructed. share o[co,I.

19. On receipt of copy of such notification, the Collector shall fo~~ti;eproceed to acquire such land under the provisions of the 'Land I~Dd. u

Acquisition Act, 1870, as if a declaration had been issued by '[theProvincial Government], for the acquisition thereof under section6 of that Act, and as if '[the Provincial Government] had thereup-on directed the Collector" to take order for the acquisition of suchland under section 7 of the said Act, and (if necessary) as if '[theProvincial Government] had issued orders for summary possessionbeing taken under section 17 of the said Act.

20; On being put in possession of the land, the Canal-officer Procedureh II tru th . d d" after Con"S a cons ruct e require water-course;, an . on ItS completion truction 01

shall give to the owner notice thereof, and of any sum payable by waterCourse.

-------_._-------_ .._---I. S" now the Canal Aequisilio. Act 1894 (I of 1894).- B

2. Sub•• by the A.O.. 1937, for "the Govt.",

Irrigation [1879: SIND vn

Obligation!0r ownerorwater­courses,

him Oil account of the cost of acquiring the land and constructingthe water-course. On such notice being given, such sum shall be duefrom the owner to the Canal-officer. On receipt of payment in fullof all expenses incurred, the Canal-officer shall make over posses­sion of such water-course to such owner.

Rights and Obligations of owners of Water-courses.

21. Every owner of a water-course shall be bound:-

(a) to construct and maintain all works necessary for thepassage across such water course, of canals, watercourses, drainage-channels and public roads existing atthe time of its construction, and of the drainage inter­cepted by it, and for affording proper communicationsacross it for the convenience of the occupants ofneighbouring lands;

(b) to maintain such water-course in a fit state of repair forthe conveyance of water;

(c) to allow the use of it to others or to admit other persons asjoint owners thereof on such terms as may be prescribedunder the provisions of section 23;

Righ" of and every owner of a water-course and every person duly authorized~~~;'~r"",1 under the ~rovisions hereinafter contained to use a water-course"aler.co"rse, shall be entttled:-

(d) to have a supply of water by such water-course, at suchrates and on such terms, as may from time to time beprescribed under section 44 and by the rules made bythe '[Provincial Government] under section 70.

Provided always that any owner of a water course and, subjectto the terms of any agreement between the parties, or to any condi­tion imposed under section 23; any such person as aforesaid mayat any time, by giving three months' previous notice in writing inthis behalf to a Canal-officer duly empowered to receive such notices,resign his interest in such water-course.

An, -nt 22. Any person desiring to have a supply of water through aw:::: o~; water-course of which he is not an owner may make a private~~,';;,~er arrangement with the owner for permitting the conveyance of

water thereby, or may apply to a Canal-officer duly empowered toreceive such applications for authority to Use such water-course orto be declared a joint owner thereof.

1. Subs. by tbe A.O., 1937,for "G. in C".

1879: Sind Vl1 Irrigation 9

23. On receipt of any such application the Canal-officer shall Cf8nll!·01f~r. h h • . a ter IDqUiryserve notice on t e owners to s ow cause why such authonty should ":lay ulhori.

no~ b~ granted,. or such. declaration should rio.t be made, and, if ~o ~~e 'd~~~eobjection be. :ral~d, or if any. objection be raised and be. found In- applicant 10

sufficient, or invalid, shan; subject to the approval of the Collector be JOlllt

either authorize the applicant to Use the water-course, or declar~ owner.

him to be a-joint owner thereof on such conditions as to the pay-ment of compensation Or rent or 'otherwise as may appear to himequitable.

24. No land acquired under this Part for a water-course '[and ~:d~~quiredno land occupied bya water-c0llrse constructed under section 92J, for water

shall be used for any other purpose without the previous consent of r~~':hera Canal-officer duly empowered to grant such permission. purpose.

25. If any owner of a 'water-course fails to fulfil any obligation rl'~ner eimposed upon him by clause (a) or (h) of section 21, any Canal-officer C~,'t: :o~~ .duly empowered in this behalf may require him by notice to execute ~:~rrepa~the necessary work or-repair within a period, to be prescribed in such Otnah,"nlce;notice, of not less than fifte~n days. and, iri the event <if ~ailure, :'.:Z,...celll e

may execute. the same on hIS behalf, and, except : as hereinafter .provided in this section; all expenses incu1'fed in the execution orsuch work or repair shall be sum due by such owner to '[theProvincial Government]. .

Every person other than anowner who uses any water-course in ~:~Ielrespect of which any repair has been executed by a Canal-officer coui:to

under this section shall, in the absence of any agreement. between ::rYe~;~se.1he. pa rties or of any condition imposed under section 23 at the time of repair.

such person was authorized to use such water-course to the contrary,he liable to pay to '[the Provincial Government] such proportionof the expenses incurred in the execution of such repairs as shall bedetcrmined by the said Canal-officer.

Settlement of Disputes concerning Water-courSes26. Whenever a dispute arises between two or more persons in Sefl.~!emc,Del.

. I . h I' biliti t f th 0 uISPUregard to their mutua ng ts or ra I tttes In respec 0 e.u~e, .~ 10 mutual

construction or maintenance of a water-course. or among joint ~'8~\iabilili<lowners of a water-course, as to their respective shares of-the expense lOr person~or constructing or maintaining such water-course. or as to the ~:~~~~:~eamounts severally contributed by' them towards such expense,or as 10 failure on the part of any owner to contribute his share,

any person interested in the matter of such dispute may apply..in writing, to anv Canal-officer duly empowered to receive suchapplications, stating the matter in dispute.

1. Ins. by Sind 14 of 1931, s, 2.2. glibs, by the A.O., 1937, for "Govt.".

10 Irrigation [1879: Sind VII

Wal-':'~ I"be SUl'pliC11on ""f111~n

application,

Such officer shall thereupon give notice to the other personsinterested that, on a day to be named in such notice, he will proceedto inquire into the said matter;

and if all the persons interested consent, in writing, to his beingarbitorator, he may pass his order thereon;

failing such consent, he shall transfer the matter to the Collector,who shall inquire into and pass his order thereon.

Any order passed by the Collector under this section shallremain in force until, set aside by a decree of a Civil Court.

PART IV

OF rne SUPPLY OF WATER

Applications for Supply.

27.. Every person desiring to have a supply of water '. from acanal shall submit a written application to' that effect toa Canal­officer duly empowered to receive such applications; in such formas shall from time to .... time be prescribed by '[the' 'ProvincialGovernment] in this behalf. .

- "~~~t,:;'~~p_ If the application be for a supply of wntef to be used for purposespliedCor other than those of irrigation, the' Canal-offlcer vmay, with the~~~~I:;:'aO;':S sanction of '[the Provincial Government]. give permission for water~ho'" ~r to be taken for such purposes under such special conditions and""1:-1"0', restrictions as to the limitation, control and measurement ofthe

supply as he shall be empowered by '[the Provincial Government]to impose in each case.

Provisions as to Supply.

~~~'~~::1~1' 28.. The supply of water to any water-course or to any persons"ppl)', who is entitled to such supply shall not be stopped except-

(a) whenever and so long as it is necessary to stopsuch supplyfor the purpose of executing any work 1 ordered bycompetent authority;

(h) whenever and so long as any water-course by which sucl:supply is received is not. maintained in such repairas to prevent the wasteful escape of water therefrom;

" 1.' ,. v' .

(c) whenever and so long as it is necessary to do so in orderto supply in rotation the legitimate demands of other

persons entitled to water;---------------- ._----

I. S"bs by Ihe A,D., 1937 for "Gov\",

1179: Sind VllJ Irrigation II

(tI) whenever and so long as it may be necessary to do so inorder to prevent the wastage or misuse of water;

(e) ~itbin periods fixed from time to lime by a Canal-officerduly empowered in this behalf, of which due notice shallbe given;

[([) whenever and so long as it is necessary to stop such supplypending a' change in thesource thereof by a Canal­

officer under section 91].

'(g) whenever and so long 'as it is 'necessary 10 repair themodule tampered with.

·28~A. The cost of repairs of the module' tampered with shall, Recovery of

as deterimined by the Canal Officer, be recovered from the person k:~~:i;~,'for persons chargeable in respect of the water supply through such rn.rdulcs.

module as arrears of land revenue.

,29.. 'When .canal-water is supplied for the irrigation of one or O"r"n"n "fmore crops only, the permission to use such water shall be held tn '"I'Ply.

continue only until such crop or crops shall come to maturity, andto applyonly to such crop or crops. '

PART VOF THE AWARD OF COMPENSATION.

Compensation when claimable.. 3L Compensation may be ~wardedin respect of any substan- Compcusa­

tial damage caused by the exercise of any of the powers conferred ticn 111

by this Act, which. is capable of being ascertained and: estimated at ~~;~~I:;~,~'~ethe tnneof awarding such compensation: ,ub,l:lnti"l

Provided that. ?-o compensation shall he so awarded in respect ""m:lce,'

of any damageansmg from- E,cci'I"'n'•. _------ -"-----

I, ("I, ([) tris. by Sind 14 of 1931, s.3.

: v-d- Sird Act VI of IQ76. Notification No: PAS/Legi"BIII'2117~ dat"d.31" March IQ76.

30. Every agreement for the supply of canal-water to any land; Agree",'-'"

r-uilding .or other immovable property shall be transferable there- r",supply

with, and shall be presumed to have beensotransferred whenever ?:"~~!~::l1"0a transfer of such land. building or other immovable property takes with pI'...

place. f~::tt"f .which s"rply

No person entitled t~ the use of any work or and appertaining ;;~:~\" neeto any canal, and, except III the case of any such agreement as afore- "f"al~r

said, no person entitled to use the water of any-canal, shallsell or f;;~~"~~~sub-let, or otherwise transfer. his right to such use without the othere",e

permission of a Canal-office dulv empowered to grant such permis.. ~~~~:~';~I1~"sion, (:;,ina!-I,I\i·

ccr.

1 ~ Irrigation [1879: SIND Vii

Rcmis!liionof water­rates whenallowable,

Limilationof claims.

Coumcnsa­tion fortia-·mage call~cd

hy entr'y C'1lland etc,

(a) deterioration of climate, or(b) stoppage of navigation, or the means of rafting timber or

of watering cattle, or(c) stoppage or diminution or any supply of water in conse­

quence of the exercise of the power conferred by sec­tion 5, if no use .have been made of such supply withinthe five years next before the date of the issue of thenotification under section 37 or

(d) failure or stoppage of the water in a canal, when suchfailure or stoppage is due .to-(I). any cause beyond the control of [the Provincial

Government],(2) the execution, of any repairs, alterations or. addi­

tions to the canal, or(3) any measures considered necessary by any Canal­

officer duly empowered in this behalf for regulat­ing the proper flow ofwater in the canal, or formaintaining the established course of irrigation;

but any person who suffers loss from any stoppage or diminu­tion of his water-supply due to any of the causes named, in clause(d) of this section shall be entitled to siJclt remission of the water­rate payable by him as may be authorized by the '[ProvincialGo­vcrnrnent].

32. No claim for compensation under this Act shall be enter­tained after the expiration of twelve months from the time whenthe damage complained of commenced, unless the Collector issatisfied that· the claimant had sufficient cause for not making theclaim within such period. .

33. [CompensatiOli not claimable in respect of works executedprior to Act.] Rep. by Act XVI of 1895.

Summary Decisions.

34. In every case of entry upon any land or building undersection 6, section 7, section 8, or section 9, the' Canal-officer or per­son making the entry shallascertain and.record the extent of thedamage, if any, caused by the entry, or in the execution Of any work,to any crop, tree, building or other property;

and within one month from the date of such entry compensationshall be tendered by a Canal-officer duly empowered in this behalfto the landholder or owner of the property damaged.

Ut79: SW VD]

, H such lender is notaccepted the Call1ll-officer~hiut, forthwitli,refer the matter to the Collector for the. purposeof making inquiryas to the amount of compensation and deciding the same.

35. H the supply of water to any land irrigated from a canal <;:ornp<nsa­be interrupted otherwise than in the manner described in clause (d) ~~u~t"of section 31, the holder of such land may. present a petition for i,etruPtioJlcompensation to the Collector for any loss arising from such inter- ~up';;i;~rruption; and the Collector, after consulting the Canal-officer. shallaward to the petitioner reasonable compensation for such loss.·

I .

36. The decision of 'the collector under either of the last two Dec;sion,.preceding sections as to the amount of compensation to be awarded, to amount

or; if in any rule framed under section 70, such decision shall be ~~~:n'de~'"declared to be appealable, then the decision of the authority to whom ~ilherof.la.'l

the appeal lies, shall be conclusive. r~~c~\~~

Formal ~djudications.

st. As soon aspracticable after the issue of a notification Nollce as 10under section 5; the Collector shall cause public 'notice to be given claimsforat convenient places, stating that :'[the Provincial Government] fi~,::rnnc':r:intend to apply ot use the.water, as aforesaid; and that claims for lain cases.compensation may. be madebeforehim.

A copy of sections 31 and 32 shall' be annexed to every suchnotice.

,38. An claims for compensation. under this Act, other than Claims 10

claims of the nature provided for in section 34 and 35, must be made ~lrf.r·libefore the Collector of the district in which such claim arises, eclor~ Co •

39: The '9>llector shall " i i~qu!r~ intc;every. such claim an.d Colleclor 10detemnne the amount of compensation, If any; which should m his beguld~<\

opinion be given to the claimant and sedions I r, 12, 14. 15, 18 to 23 ~r :'J'SlO.(inclusive),'26 to 40 (inclusive), Sf and 58 of the 'Land Acquisition Acqu;,;tionAct 1870, shall apply to such inquiries: Act 1870.

Provided that Instead of the fast ciause of·the said section 26,the following shall be read:-

"The provisions of this section and of sections 31' and 40 oftlie '[Sind] Irrigation Act, 1879, shall be read to every assessorin a ~e.~.~):J. .he und~rstl}rids. before he gives his opiniona810 tbe amount ofcompensa~o,n to be.awarded,"

I. Subs. by I.... A.O:. 1937, for "Ihe Govt••2. 8'e now the Land ACQuISition Act. 1894 (I of 1894).3. Su1:>s. for "Bombay" by Sind ordinance S of 19S5.5. 3 (i) read ...;Ih W.P. Act. I of 1936.

p"o'fiso 10. S 3. (".e.f. 30Ih May, 1951).

14 Irrigation [1879: SINU VU

C('m,~n;J.­

lion «hendue.

Dlmlntl1illnil\ marketvalue 10 heconsideredin fixing ell­mpcn";Ilj(l"

40. In determining the amount of compensation under the lastpreceding section, regard shall be held to the diminution in themarket-value, at the time of awarding compensation;' of the propertyin respect of which compensation is claimed;

and, where such market-value is not ascertainable, the amountshall be reckoned, at twelve times the amount of the diminution ofthe annual, net profits of such property, caused by the exercise of thepowers conferred by this Act.

41. All sums of money payable for compensation awardedunder section 39, shall become due three 'months after the claim forsuch compensation was made;

and simple interest at the rate of six per centum per annumshall be allowed on any such sum remaining unpaid after the saidthree months, except when the non-payment of such sum is causedby the neglect or refusal of the claimant to apply for or receive thesame.

Abatements of Land-revenue andRent.,\I'.'cl\\cnl 42. If compensation is awarded under section 39 on accountof T<'dnuc- of a stoppage or diminution of supply of water to any land paying\1~:~l~~,p~~" revenue to '[the Provincial Government]; and the 'amount of theo["i,er. . revenue payable on account of' such land has been fixed with refer­'tlPP y ence to the water-advantages appertaining thereto, the holder of the

said-land shall be entitled to an abatement of the amount of revenuepayable to such extent as shall be determined bythe Collector.

"h"cn",n' 43. Every inferior holder of any land in respect of which suchof inferior compensation has been paid shall, if he receives no part of the said:~~~~r~' compensation, be entitled to an abatement of the rent previouslyln'erruplion payable by him to the sUJ?Crior holder thereof in proportion to the~,~;~~c.'- reduced value of the holding;[nh'nc<- . but, if a water-supply which. increases the ~alue of the holding';"'01 ofinfc· If afterwards restored to the said land otherwise than at the costriort hold~~~S .of the inferior holder, the superior holder shall be entitled to enhance:~~'Iio"nrof the rent in proportion 'to suchincreased value i Provided that thewoocr.suPplYenhanced rent shall not in any case exceed the rent payable by the

inferior holder before the abatement, unless the superior holder shall,independently of the provisions of this section, be entitled so toenhance the previous rent. '

DeterrnlnatiODor rale,for supplyor canal

-water.

PART VI.OF WATER-RATES.

. Supply Rates.44. Such rates shall be leviable for canal-water supplied for

purposes of irrigation.ior for any otherpurpose, as shall from timeto time be determined by the '[Provincial Government].

I. Sub'. by the ".0.,1931, forGOYI..•·Subs. Ibid. for "0,10 C.".

1879: Sind VllJ Irrigation 15

'If owing to the construcuon of a new canal or to the improve- r'O"'~'on 10'

ment or extension of an existing canal, any water supply is made ~:I:f~'I:~'i'"from a canal, or the amount or duration of any water supply from a ing water­

canal is' increased, the Provincial Government. may, in respect i,~,~~~~d.of such water supply or increased water supply, levy retrospectively,from a date not ealier than that on which the water supply was madeor its amount or duration increased. water-rates or increased water-rates. as the case may be. .

The said rates shall be payable by the person on whose applica­tion the suoply was granted, or by any person who uses the waterso supplied.

Occasional Rates. U.,l-i'i'r45. If water supplied through a water-course be used in an when p':''''n

un.iuthorizcd manner. and if the nerson by whose act or neglect ::~,~\~'~:~\:i~~~.I\"h usc has occurred cannot be identified. the person or all the <<!1~ c"nn~~'nersons on whose land such water has flowed. if such land has I" .J<n"It<.1

derived benefit therefrom,or. if no land has derived benefit therefrom, the nerson, or all

tl1'~ ,ier~on~ chargeable in respect of the water supplied . throughStich water-course.

shall he liable. or jointlv liable, as the case mav be. for thedlar~~s which shall be made for such usc under Ihe rules prescribedhv Ih" '[Provincial Government] under section' 70. . "

'46. If 'wafer' supplied through a 'water-course be suffered to ~::~~:'::~,<;run to waste. and if, after inouiry." the person through whose act or run~ '0Il~,,'~-t .such waler was suffered. to run to waste 'cannot be dis- '"'' c.

covered, , ' ,..',.:the person or all the persons chargeable in respect of the water

sunnlied throuch such water-course shan be liable, or jointly liable.as the case may be, for the charges which shall be made .in respectof the water so wasted, under the rule prescribed by the ,[ProvincialGovernment] under section 70. ". .'.

. "II ouestions arising under thi~' and the last preceding section~h~1I snbiect to the provisions of section 67. be decided by a Canal­ornc~r dulv emoowered in this behalf.

47~ All c!>'nflies for the unauthorized use or for waste of water ~~~:~~~1"-"'1\/ h,. reco·~~ered. as water-rates, in addition to any penalties j'' ~<!il;~~~incurred on account of such use or waste. 0 na ..

Percolation and Leakage-rates.4R. H it shall annenr to a Canal-officer duly emnowered to I.an~"~i;·;

:-nforre the nrovisious of this section, that any cultivated land within ;~\~1l1 r~,dn'two hundred vnrds of anv canal rec~ives, bv percolati~n or leakage :~I~:I~i;':~~C.frOIll such canal, an advantage equivalent to that which would he~h'cn bv n direct supply of canal-water forirrigation,

I. Subs. ibi,l for "0'" In C. ~.

2. Substiluted vide W.p. ord:JNo. xxxvrn of 1969.

16 Irrigation [1879: SiIIlI VII

Arrcan 10be ree jver­able a'Slandrevenue

Waler (Ollesw~n andto whom tobe paid

or that uny cultivated land, wherever situated, derives by asurface flow, or by means of a well sunk within two hundred yards ofany canal after tlie admission of' water into such canal, a supplyof water which has percolated or leaked from such canal;

he may charge on such land a water-rate not exceeding thatwhich would ordinarily have been charged Ior a similar direct supplyto land similarly cultivated:

For the purposes of this Act. land charged under this sectionshall be deemed to be land irrigated from a canal.

49 to 56. [Protectioll-rale.: Rep, by BUill. Act III of 1880

Recovery of Water-rates. and other Diles ill If rrears,

57. Every water-rate leviable under this Act shall be payablein such instalments and on such dates and to such officers as shallfrom time to time be determined under the orders of the '[ProvincialGovernment] '[or of '[any Commissioner] empowered by '[theProvincial Government] in this' behalf'].

Any such rate, or instalment of the .same, which is not paid onthe day when it becomes due, and any sum <'tue to '[the ProvincialGovernment] or to a Canal-officer, whether on behalf of '[the Pro­vincial Government] or of any other person '~nder Part III '. •which is not paid when demanded, shall be recoverable accordingto the law and under the rules for the time being in force for therecovery of arrears of land-revenue.

R<o! due Rent payable to the owner of a water-course by a- person autho­~r~;~ei~ rized to use such water-course shall be payable in such instalmentscoursee ta be and on such dates as the Canal-officer duly empowered to act under~~;:::~Ie section 23 shall direct, and may be recovered on behalf of the ownerfc':'~~~~ according to the law and rules aforesaid:

Provided always that no more shall ai any (i~~ payable tothe owner than is actually recovered from the said person.

I. Subs. by the A.O.• 1937, lor "G. in C:'.

7, In<.,by Ihe Sind R<pealinl and Am<nding Act, 1910 (Sind I of 1910). s. 2, Sch.l. 1'1 illSerial No 12

3. Su foot "ole J. page San'/.'

4, Subs, by Ih< A.O" 1937,lor ..Govl. ...

,. Tile words "01 Ibis Act" rcp.by tho Si.d a..er.1 Oauoca AcI.1186 (SiD<! 3 of 1116)Sct..a

1179: SIocJ VB)

PART VII

17

for d.mal·ina canal. ere •

Prottduroror obt_IDIIlIlabour rorworks orrepairsu'JOnllyrtqui~.

OF OBTAINING LABOUR POR CANALS ON EMERGENCIES

58. "Whenever it appears 10 a Canal-officer duly" empoweredto act under this section, that unless-some work, or repair is imme­diately executed such serious. damage will happen to any canal asto cause sudden and extensive public ,injury;

or, that unless some clearance ofa canal or other work which isnecessary in order to maintain the established course 'of irrigation isimmediately executed, serious public loss will occur, .

and that the labo~rers necessary COr the proper execution ofsuch. repair, clearance or work cannot be .obtained in the ordinarymanner within the time that can be allowed . for the execution ofthe same so as to prevent such injury or loss,

the said officer may; by order under his hand, direct that theprovisions of this'section shall be put into operation. for the execu­tion of such repair, clearance or work; and thereupon every able­bodied. person who resides or holds land in the vicinity. of the loca­lity where such repair, clearance or work has to be executed, andwhose name appears in the list hereinafter mentioned. shall, ifrequired to do so by such officer or by any person authorized by himin this behalf, be bound to assist in. the execution of such repair,clearance or work by labouring there at as such officer or any personauthorized by him in this behalf may, ,direct.

All persons so labouring shall be entitled to payment at rateswhich shall not be less than the highest rates' for, the time beingpaid in the neighbourhood for similar labour,

59. Subject to such rules as may fr~m time to time' be pres- Lis! 011-1>­cribed under section 70 in this behalf, Hie Collector shall prepare a curers,

list of the persons liable to be required to assist as aforesaid, andmay from time to time add to or alter such list or any part thereof.

60.. All orders mad~'under ~ecti~n 58 ,shall be immediately Roporl.lo

reported to the Collector "and likewise to .the Chief Engineer for ~:::;~lf~.Irrigation, for the information or '[the Provincial Government].

PART VJJJOF PENALTIl'S

61. Whoever voluntarily and witho~lt p~oper' authority­

. (I) damages, alters, enlarges or obstructs any canal:

I, Sub., by the A.O .• 1937, for "Govt,".

2, Omltlod vide S;nd Clovl. I!.O. 0.,<11. or 171h M,rch. i972,l (Iv) 139-3

III Irrigation [1879: ~1D4 vn

(2) interferes with, or increases, or diminishes the supply ofwater in. or the flow of water from. through. over orunder any canal. or by any means raises or lowersthe level of the water in' any canal;

(3) corrupts or fouls the water of any canal so as to renderitless fit for the purposes for which it is ordinarily used;

(4) destroys. defaces or moves' any land or level'; mark orwater-gauge fixed by the authority of a public servant;

(5) destroys, tampers' with, or removes, any apparatus orpart of any apparatus,. for controlling. regulating ormeasuring the flow of water in any canal;

(6) passes or causes animals or vehicles to pass, 'in accrossany of tho works, banks or channels of a canal con­trary to rules made under section 70, after he hasbeen desired to desist 'therefrom;'

(7) causes or knowingly and wilfully permits cattle to grazeupon any canal or, flood-embankment, or tethers orcauses or knowingly and wilfully permits cattle to betethered, upon any' such canal or embankment, orroots up any grass or other vegetation growing-on anysuch canal or embankment, or removes, cuts or in - anyway injures, or causes to he removed, cut or otherwiseinjured, any tree, bush, grass or· hedge intended forthe protection of such canal or embankment;

(8) neglects, without reasonable cause, to assist or to continueto assist in the execution of any, repair, clearance orwork, when lawfully bound so to do under section 58;

(9) violates any rule made under section 70 for breach where­of the '(Provincial Government] shall in such rules,direct that a penalty may be incurred;

and whoever-

nO) being responsible for the maintenance of awater-course,or using a water-course, neglects to take' proper precau­tions Cor the prevention of waste of the water thereof,or interferes with the authorized distribution of thewater therefrom, or uses such water in an unautho­rized manner or prevents or interferes with the lawfuluse of such water-course by any person authorizedto use tlie same or declared to be a ioinr owner thereofunder section 23; .

I. Sub<. by the A.O., 1937, for "0. In C ...

1879: Sind vnl Irrigation 19

shall, when such act shall not amount to t1;~ offence of com­mitting mischief within the meaning of the '[Pakistan] Penal Code,on conviction beCore a Magistrate, be punished for each such olIence XLV of 1860'

with '[imprisonment of either description for a term which mayextend to three months or \\ uh line whi, h may extend to one thou-sand rupees or with both J .'

• • • I • •

62. Whoever without proper authority- Fortnd'n'gecin. !lID ..

(1) rierces or cuts through, or attempts to pierce or cut hililyof e'ollthrougn, or otherwise to damage, destroy or endanger ere.

the stability of any canal;

(2) opens, shuts or obstructs, or attempts to open, shut orobstruct any sluice in any canal;

(3) makes any dam or 'obstruction for the purpose of divertingor opposing the current of a river or canal on the bankwhereof there is a flood-embankment, or refuses orneglects to remove any such dam or obstruction whenlawfully required so to do;

Shall, when such act shall not amount to the offence of cum-milling mischief with the. meaning of the '[Pakistan] 'Penal Code,>ClVofl860on conviction before a Magistrate '[be punished for each such offencewith imprisonment of either description for a term which may ex-tend to one year or with fine which may extend to two thousandrupees], or with both.

'62-A. .Whoever abets the commission of an offence under this p . h

Act shall be punished as if he has committed the offence himself. fo~o~~7m~~t

Explanation.-Any Public Servant who connives or directly orindirectly assists, in the commission' of ali offence shall be deemedto be an abettor.

63. Whenever any person is convicted under either of the last .two preceding sections, the convicting Magistrate may order that ~bs~o~:::nv_he shall remove the obstruction or repair ·the damage in respect of e~ and ~.~•.

which the conviction is held within a period to be fixed in such order. serepaired.

If such person neglects or refuses to obey such order within the1. Sub'l;. (ort'lndian" by Sind OrcJinancc 5 of 19S5, s. 4. read with W.P. Act I of 1956. proviso

(w.e.I, 29lh May. 1951).2. The words "or with Imprisonment (or a term which n:'3Y cltend to one month. or wilh

both" ommtned by the Sind Irril.tion (Amdt.) Act. 1940 (Sind J5 of 1940). S.2.3. The word or either description within the meanin g or the .sOlid code., rep, by Ihe

- slnd leneral cllu!e' Act. 1186 (Sind 3 of 188~). Sch, B.4. 4.'A.6:'-vlde Sind Act Vl of1976. No; PAS/L<lj'/Bill-21/H daled·3..t Mar<:' 1916.

20 Irrigation (1879: Siod vn

S:\ViQ3 ofpro~ecul ionIIndc:r olhcrIi\W~.

period so fixed, any Canal-Officer duly empowered in this behalfmay remove such obstruction or repair such damage, and the costof such removal or repair, as certified by the said officer, shall beleviable from such person by the Collector as an arrear of land­revenue.

~~on~d 64. Any person in charge of, or employed upon, any canaloocooal may remove from the lands or buildings belonging thereto or may::';In':c~ take into"",ustody without a warrant, and take forthwith beforeiolo cusrodr. a Magistrate or to the nearest Police-station. to be dealt with

according to law, any person who within his view-

(I) wilfully damages, obstructs or fouls any canal, or

(2) without proper authority interferes with the supply ornow of water, in or from any canal, or in any river orstream so as to endanger, damage, make dangerousor render less useful any canal.

65. Nothing herein contained. shall prevent any person frombeing prosecuted under any other law for any act or omission madepunishable by this Act.

Provided that no person shall be punished twice in repect ofone and the same act or omission.

Payment of 66. Whenever any person is fined (or an olIence under this Act,:'O~ r;'",:;'.:~ the Court which imposes such fine, or which confirms in appeal oron" 01 . revision a sentence of such fine, or a sentence of which such fine

forms part, may direct that the whole or any part of such fine maybe paid by way of award to any person who gave information lead­ing to the detection of such offence or to the conviction of theoffender.

H the fine be awarded by a Court whose decision is subject toappeal or revision, the amount awarded shall not be paid until theperiod prescribed for presentation of the appeal has elapsed, orIf an appeal be presented till after tile decision of the appeal.

PART IX.

Arp<:.llI",~i\in!ol

Clrder' UDderAcl.

MISCELLANEOUS

r;T. Every order passed by a Canal-officer under sections 13,18, 25, '28-A, 30,45,46 and 48 shall be appealable to the Collector,

Provided that the appeal be presented within '[sixty] days' ofthe dale on which the order appealed against was communicatedto the ap~llant.

I. suh by tHeSind Irtlvlloo (Second hmdl.) Act. 19J9(SiDd II Df 19J9). S. 2 for "Iblrly"2. I"'<flad ,ttl. n.o. Guelte dr. 31.3-76.

1179: SW VII] irrigation 21

'Provided further lhat an appeal against the order of the CanalOfIiccr passed under Section 28·A shall not be entertained unlessthe appellant has deposited the cost payable under the order of theCanal 0fIicc:z.

All orders aDd proceedings of a Collector under this Act shall bembject to lbesupervision and control.of thd:[Commissioncr]' • • •.

68. Any officer empowered under this Act to conduct any Pcwe 10

inquiry may exercisean such powers connected with the summoning ~~=~"ndand examining 0( witness and the production .. of documents as wiloesses,

are conferred on Civil Courts by the Code of Civil Procedure; andevery such ioquiJy shall be deemed a judicial proceeding.

69. Service or any notice under this Act shall be made by SeTviceotdelivering or tendering a copy thereof signed by the officer therein ooli«:.

mentioned: Whenever it may be practicable, the service of thenotice shall be made on the person therein named. When suchperson cannot be found, the service may be made on any adult malemember 0( his f8miJy residing with him; and, if no such adult malemember can be found, the notice may be served by fixing the copyon the outer door or the house in which the person therein namedordinarily dwdls or carries on busiriess; and, if such person has noordinary place of residence within the district, service of any noticemay be made by sendiug copy of such notice by post in a registeredcover addressed to such. person at his usual residence.

'fIJ-A. A person who could not be served in the. manner laid- Scn~o'down in Section 69 and whose where-abouts are not known, may be eoteewbeeserved by publishing a notice in at least oneUrdu and one Sindhi=":~daily newspaper and one local newspaper of the District, if any. ~~~"

. •. 1DaDDCI'.

70. The '[Provincial Government] may from time to time Pow<,l omake rules' not iDoonsistent with this Act, to regulate the following :-.l'~~~rmatter:- ruleo.

{aJ the proceedings of any office who, under any provisionof this Act. is required or empowered to take actionin any matter;

I. sw Act VI 0( lr76. viele No: pASILqi,!B0I·2Inl dllad list MI..,h 1976.2. SiDof Ord"_ No: xvn or 1974 Notinoatloo dl 22·10-1974.1. SuI>,."" G<nomJm<uI or S;"d l!. O. O~'" <bled 171h MaTdl 1m.4. Sola. by a.e A.o. 1917 ror"0. ;" c."s. Pox ..... _ !.L.Jl. IDCI o.

22 Irrlgatlon [1879: Sind vn

(b) the cases in which, the officersto whom, and. the con­ditions subject to which, orders aIll] decisions givenunder any provision of this Act, am] not. expresslyprovided for as regards appeal, shall he appealable;

(c) the person by whom, the time, . place or manner at or inwhich, anything for the doing of which provision ismade in this Act, shall be done;

(II) the amount of any charge to be made under this Act;

(c) and generally to carry alit the provisions of this Act;

The Provincial Government] may. from time to time, alter orcancel an] rules so made.

ruhhe.lio n Such rules, alterations and cancclmcnts shall be published inot ,,,1<\ • the '[Oflicial Gazelle], and shall thereupon have the force of law.

Saving "f 71. Nothing in this Act shall be deemed to applv to any canal,rn"nie'p"f channel, reservoir, lake or other collection of water vesting in anywater-work s, municipality,

'PART X

OF SECOND-CLASS IRRIGATION WORKS·

APphc.li"n 72. This Part shall apply to Second-class Irrigation' WorKs01 lI,i, Part only.

(0) declaring that It IS proposed to constitute IIny canal,channel, steam, river, pipe or reservoir, natural orartificial, any part thereof, whether constructedmaintained or controlled by '[the Provincial Govern­ment] or not, which is actually used or required for thepurposes of irrigation, a Second-class irrigation Work;

Noufication 7J. (I) The '[ Provincial Government 1 may publish a notifica-of See<>n,l· tion In the '[Official Gazette]. .Cia\.'irri-roll inn work.

(IJ) fixing a period of not less than four months from the dateof publication of such notification in the '[Officinl

-_.-----_._-_ ... _----_ .._-----------1~ St~l'\~h";IIleA.a.. 1937, Ior "<I. in Coo.2. Suh•. hy Ihe A.O., 1937. IN -n (;.G ....3. Par t X w.' in', by Ihe Sind Irrigation (Arndl.) Act, 1914 (Sind 2 of 1914), s. 2-4. Sub•. by the A.• 1937. (or O. "Govt."

1879: I'llnd VII) Irrigation 23

Gazette] for the submission of objections to suchproposal:

Provided that no artificial reservoir or water-course suppliedfrom such reservoir which is actuallv used for thepurposes of irrigation by a single irrigator shall beincluded in such notification except either with theconsent of such irrigator or, if in the opinion of the'[Provincial Government] such inclusion is necessaryin the public interests, then without such consentbut subject to the payment, after the issue of thedeclaration mentioned in sub-section (3), to suchirrigator of such compensation for his rights as may besettled in accordance with the provisions of section 79

(2) After the publication of such notification in the '[OfficialGazette1 it shall also be published by the Collector as soon aspracticable in the language of the district at the '[Mukhtiarkar's]office of the teluka in which the work is situated and in every townand village which in the opinion of the Collector is likelv to beaffected by such notification.

(3) After considering such objections as may have been receivedwithin the period fixed as aforesaid the '[Provincial Government]may, by notification in the '[Official Gazette]," declare such canal,channel, stream, river, pipe or reservoir or any part thereof to be aSecond-class Irrigation Work:

74. When a notification has been issued under sub-section (3) rr0't;;~~of section 73 the Collector shall publish in the language of the district ~~rleclor.at the '[Mukhtiarkar's1 office of the taluka in which the work issituated. and in every town and village which in his opinion is likelyto be affected by such declar- tion, a proclamation-

(a) specifying, as nearly as possible.: the source of supply,situation and limits of the Second-class IrrigationWork notified under sub-section 0\ of section 73;'

(f,) stating that this Part applies to the work so notifiedfrom the date of the notification published undersub-section (3) of section 73; and

(e) fixing a period of not less than three months from thedate of such proclamation. and rcouirinc evervperson claiming arrv ripht in the work so notified eitherto present to the Collector within such period a writtennotice specifying, or to appear before him and state,tlie nature of such right.

1. ~u"'. by the A.O.•1937.ro""G.lnC.".z, Suh!. (bra. ro""'!l.G.G.". .3. S""", for '"Mamtatdar'1 " by SInd Ordln'n~""5!'of 1955, s. 13, read with W.P. Ad. I

of t~ !,",ovioo loTs. 3. .

24 Irrlftltfon [11m i SW VB

7ft (I). A Second-class irrigation Work sliall be deemed to bea canal within the meaning of sub-section (I) of section 3 and tosuch work the following sections and Parts only shall, so far as maybe, apply.vnamelyr-e-

Sections 3,4, 8,9, 10, n, 12, 13, 14, 16, 17, 18, 19,20, 2f, 22;23, 24, 30, Part V, Part VllI, except sub-section (8) ofsection (8) of section 611, and Part IX.

m The aforesaid sections and Parts shall, for the purposes ofthis Part, be subject to the following modifications, namely:-

(I) In section 16 before the word "any" prefix tlie words-­"Subject to any rights recorded in the Record-of-rightsprepared or revised as hereinafter provided".

(iI) In section 17 before the word "any" prefix the words"Subject as aforesaid"

(iii) In section 21 for clauses (d), the followingshall be subs­tituted, namely:-

"(d) To have a supply of water on such terms as maybe prescribed' in the Record-of-rights: prepared orrevised as hereinafter provided."

(iv) To section 22 the following proviso shall' be addednamely:-

"Provided that no such private arrangement shallaffect any rights to water recorded in theRecord-of­rights prepared or revised as hereinafter provided."

(v) In section 30 for the words "every agreement for" tliewords "all rights to" shall be substituted, and 'in thesame section after the ,word "property" the words"which have been recorded in the Record-of-rights pte­pared or revised as hereinafter provided" sliaU beinserted. Paragraph 2 of the same section shall beomitted.

(VI) In Part V, section 31', proviso clause '(c) and the last, paragraph shall be omitted.

'(y'm In Part V, section 34, the words "section 6, section T"shall be omitted.

1179; SW WI Irrigation 25

(viii) In Part IX; sectiori67. after figures "48" the words "and"Part X" shall be Inserted,

76. (1) As soon as Possible after. the expiry of the period fixed F",ml~g 0 1

by the Collector under section 74, clause (c), a Canal-officer duly ~~tor.empowered in this behalf, who shall bea Revenue otficer not belowthe rank of a I [Mukhtiarkar] , shall Inquire into. and settle claims toany right intbe Second-Class Irrigation Wo~k,. and shall record theextent of suchright and draw up in the'fo,rm fro,,m time to time pres-cribed by the '[Provincial Government] and Irrigation Record-of-rights so far' as the same' may be ascertainable' from the ,records ofGovernment arid the evidence of any person likely to be acquaintedwith the same and any other documentary or oral evidence whichthe parties concerned or their witnesses may 'produce,

(2) Such Record-of-rights shall contain the followingmatters: -:-"

(a) the nature of the Second-Class Irrigation Work and anywork subsidiary thereto.

(b) 'the lands irrigable therefrom.

(c) the custom or rule of irrigation,

(d) the rights to water and the conditions on which suchrights are enjoyed, and

(e) such other matters as the '[Provincial Government] mayby rules prescribe in this behalf.

71., : (l) For the purposes of ~he inquiries under section 76 Powers "Isuch Canal-officer,may enter, by:himself or any officer authorised CaDalomea­by him Ior the purpose, upon any land adjacent to any such work,and may survey, demarcate and make a map of the same.

i (2). Notwithstanding anything contained in section 76.where nosufficientevidence is forthcoming as to all or any of the mattersspecified in that section such Canal-officer shall, far as may besettle and record the aforesaid matters in such manner as he may'deem fit. ,., ' .

!. Subs. for "mamlatdar- Sind or dinanee 5 or 1955, s. 13, read with W.P. Act I r 191'proYlSO to I. 3. . 0 • '.

:L Subs. by the A.O., 1937, ror "0. In C:',

26 irrigation (1879: Sind VIl

Revision ~Recordor riah'l.

78. The Record-of-rights prepared under section 76 may berevised from time to time by a Canal-officer.duly empowered in thatbehalf, who shall be a Revenue officer not below the rank of a'k,Mukhtiarkar].

Commuta- 79. Where the Canal-officer who has prepared or revised: anytiou 01 ,illb" Record-of-rights under this Part finds that, having due regard to the

maintenance or management of the Second-class Irrigation Work.any right contained in the Record-of-rights cannot continue to beexercised to the extent recorded, he shall (subject to such rules asthe '[Provincial Government) may from time to time prescribe inthis behalf), commute such right wholly or in part, either by the pay­ment to the holder of such right of a sum of .money in lieu thereof,or by the grant of land. or in such other manner as he may thinkfit; and he shall revise the Record-of-rights accordingly. '

Po,,", of 80. In the event of '[the Provincial Government] undertaking~~~'~,c~~~nl at their own cost any work whereby the supply of water' in anywhert wo,k. Second-class Irrigation Work is increased beyond the amount Qt,::d<T.al,n such supply at the time of preparing or revising the Record-of-rightsinc'Winll under this Part the '[Porvincial Government] may, without prejudicesupply. to any rights so recorded, direct that the right to such surplus water

shall vest in '[the Crown for the purposes of the Province) and shallbe applied as '[the Provincial Government] may deem fit and theRecord-of-rights shall be revised in accordance with suchdirection.

Puhlicaticnof Rrcordof li'h1s.

Er.tries lntle Recordor liabls tobe uk".oCII evlder ce,

81. When any Record-of-rights has been prepared or revisedunder this Part it shall be published in the language of the' districtat the '[Mukhtiarkar's] Office of the taluka in which the work issituated and in every town and village which in the opinion of theCollector is affected by such Record-of-rigbts.

82. An entry in any Record of rights prepared or revised underthis Part shall be relevant as evidence in any dispute as to the mattersrecorded•..and shall be presumed to be true until the contraryproved or a new entry is lawfully substituted therefor:

Provided that no such entry shali be so construed as to limitany or the powersconferred on the '[Provincial Government] bvthis Part.

I. Sub" for "Mam\ald"" and Marn'altl,,"" by Sind Ordinance S of t9SS, t. 13, rftd .h."'.P. Acl. 1 of 195fi. rroviso 10 5. 3.

2. Sub<. bylhe A.O.,1937, 10,"0. in C:',

" Sub<.i6/4, for ..Govl .",

1879: Sind VIII Irrigation 27

83. (I) In .any suit or proceedi~g in which a~ entry . ll1~de in ~,~,titC: g:any Record-of-rights prepared or revised under this Part IS directly I!v<n lotheor indirectly called in question, the Court shall.' before the final ColI« lor.

settlement of issues, give notice of the suit or proceeding to the Col-lector , and, if moved to do so by the Collector, shall make the'[ Provincial Government] a party to the same.

(2) Save as provided in sub -section (I ) no suit shall lie aga inst su;".•,.;n.t'rthe Provincial Government1 in respect of anything done by the r;,~,v.:~~~~ntCollector. Canal-officer or any .other person actin g under the ordersof " [the Porvincial 'Government] in the ' exe rcise of an y power bythis Part conferred on such Collector, Can al-officer or other personor on .'f t h~ Porvineial Government

(J) Any suit or proceeding in which an entry made in any r 'if1.ot

Record-of-rights prepared or revised under this Part is . directly 'm' . IOn.

or indirectly .called in question. the Court shall. before the finaltion 'has Dot been set up as a defence) if it has not been institutedwithin one year from the date of the publication under section 81'of the Record-of-rights containing the said entry, or if one or moreappeals have been made against any order of a Canal-officer' withreferecne to any entry in such Record-of-rights. then from the dateof any order passed by the final appellate authority, as determinedaccording to this Part,

M. In every Second-class' Irrigation Work the following re- Ohl iga'I "n

pairs shall b- performed by the persons on whom the obligation to 10 ~.rr~ o~:.

perform them is imposed by the next followinn section, 'that is '0 r< Y' ~.'say:-

(1) The filling up of gullies, ruts and holes, esnecially at theback of revetments. and ' all petty repairs of a likenature essential for the safety of bunds, of tanks.Channel banks or other portions of the said Second­class Irrigation Work.

(2) The prevention of the growth on such work 'of pricklypear, young trees and other vegetation endangeringthe safety or concealing the condition of such wor k.

I. Subs. by tbe A·f)-, 1937, for Seaell!)' of State Icr lnd i. in Council ",

:z.. Subs. 1)/,1. fo'''Oovt.".

2ft lrrlgalton (1879: ShMI VB

I ncidence ofebligation.

power toenforcerighl. addobligations.

(J) The preservation of such bushes and grasses as have beenplanted for the protection of the interior water slopesof such work.

(4) The clearance of silt from sluices. supply and distributingchannels.

(51 The clearance of waste weirs and waste channels:

85. The obligation to perform the repairs prescribedby tlielast preceding section shall. with reference to any-land irrigated fromsuch work, be deemed to be imposed jointly and severally. in thecase of unalienated land. on the occupants of the land, and, in thecase of all other land, on the holders of the land, as defined in eithercase in the '[Sind] Land Revenue Code, 1879.

86. If any person on' whom any obligation is imposed witlireference to any Second-class Irrigation Work by any of the 'provi­sions of-this Part, fails to fulfil the obligation soimposed, or if anyperson infringes any right recorded in the Record-of-rights .preparedor revised as hereinbefore provided. the Canal-officer may requirehim by notice to fulfil such obligation ·or to de!ist from infringingsuch right within a period to be prescribed in the notice of not lessthan fifteen days, and in the event of failure may take 'sueli stepsas may be necessary for the discharge of the said obligation. or theenforcement of the said right. and the amount of any expense soincurred shall be a sum due td '[the Provincial Government] andrecoverable as an arrear' of land revenue,

Siddv of1&7'.

Duty ofTapedar 10'ep.ortrallure toeCreclrepairs.

87. It shall be the duty of the '[Tapedar] of any village withinthe limits of which any Second-class Irrigation Work Or portion ofsuch work is situated to report to the '[Mukhtiarkar]'. withoutunnecessary delay any failure or neglect to carry out any of therepairs specified in section 84.

~~~I~~~" 88. No suit, prosecution or other legal proceeding shall besome maintained against any public servant or person appointed underO~~~~<Od' this Part in respect of anything in good faith donc or purportingr,.;'m leital to be done under the provisions thereof or the rules made there­p,oce<d1nKt. under.

J. Sl't foot note 3,1'. ton". .2. S"M. by the A.O., 1937. ro' ..Gcvt .".3. Sub•. fo,"Patel" by Sind ordinance SoCI95S••. 13.....d with W.P. Act. Tof Iq~. I"'~vi..

to'.3.~. S" Coot note I. ". 24 rmte.

(1179: SIDcI vn 29

89. The ,[Provincial Government] may, from time to time by p,~<r I~notification in the '[Official Gazette] and after previous publication, mo < 'II ee,

make rules' as to all or any of the followingmatters:

(,) the manner of Iraming and revis~ng Hie Record-of-rights,

(iI) the proceedings of any officer who under the provisionsof this PartIs required to take action in any matter,

liil) and generally 'to Carry outthe provisions of this Part.

['PART XI]

SPOCIAL PROVlSIONS FOR CERTAIN LANDS IRR1GABLE BY THE LLOYDBARRAGB CANALS.

90. This Part shall apply, in the first instance, to lands irrigable \rt.icationl>y the Lloyd Barrage Canals only. The '[Provincial Government] 0 Ihll r.rI·may, from time to time, 'by notification in the '[Official Gazette],extend this Part to lands irrigable by such other canals in Sind asmay; from time to time, be improved or re-moddelled for the moreefficient distribution ofwater therefrom:.. • • • •

. Provided····· that if and when this part is extended to suchlands, the cost of reconstructing water-courses shall not be chargedbn lands watered within the 20 years immediately preceding thedate of such notification by canals in lower Sind' outside the zonecommanded by the Lloyd Barrage Canals.'

9f. (I) Whenever it appears to any Canal-Officer not inferior' 011« '0

in rank to an Executive Engineer that it is expedient to change the ~.~~: f

s0\!ICC of water-supply of any land for the tnore efficient distribution w.~«·,~ppl)of water, he .shaH.serve a: notice on the holder or holders of the landand, if lie proposes: to transfer. the source of water-supply ofthe land to any existing water-course, on the'owner or owners ofsuch water-course also, calling upon them to state in writing theirobjections, if any, as to the source or alignment or construction ofthe proposed water-course..

J. s"bs-~ Ille A.O .•1937. (or ''G. ill c."i ~;,,~~r ~~I~~~k>a SU S.L.R. ...,d 0:4. T1ds l\eadinc aod """'om 90.91.92. and 93 ;",·h. Siud 14 of 1931. s 4.5. _10 be""nstmo-l u rlenin. to I.... Dist'ict, nf Dadu. Hyderabad. T'·arpa,kar. UJ'Il<f

lind ~ier.Larb.... N....bshah. S.n!'har, Suklrur, Tholla, Sa W. P; Acl, I~ of 19~7

s. 36~ITb~~\.;";'" and tho Word"unber In lbe s«o06 l'rO"'iao omitted by W. P. "ct 16'S7. a. 3 (3)."'" SCb. 111.

30 Irrigation [1879: SIu4 VU

(2) (I) If no objection is raised within thirty days from the dateof service of the notice, the Canal-officer may chango the source ofwater-supply of th : land in such manner as he thinks expedient.

(i,) If any objections are received within the said period ofthirty days, the Canal-officer shall give the holder or holders of'[the land and the owner or owners of the water-course1 a reason­able opportunity of being heard and may, if the said objection aresettled, proceed to change the source of water-supply accordingly.

(iii) If no settlement in respect of the said objections be arrivedat between the Canal-officer and the holder or holders of '[the landand the owner or owners of the water-courselthe Canal-officer shallforthwith refer the matter to the Collector whose decision, subjectto any orders that may be passed in revision by the '[Commisso­ner], shall be final and conclusive as" regards the alignment andconstruction of the proposed' water-course "and shan not becalled in Question in any Civil Court... • • • • • • •

·it shall appear to 'Fany Canal-••(1) If ••92.Co"dru c­lion or neww,ter officer not inferior in rank to an Executive Engineer1 that new~;';I~";;:=Y ~ water-courses should be constructed for the irrigation of any landlaad holden In place of any existing water-courses, '[or any existing sources~rc~Ym·el of water supply] it shall he lawful for him to construct such water-lbt1t<>f. courses as he thinks necessary:

'[Provided that before a Canal-officer constructs a water-courseunder the provisions of this sub-section, the provisions of the lastpreceding section relating 10 notice. objections, reference and' revisionshall, so far as may be, apply as if such water-course were a water­course to be constructed under the said section, and]

Provided '[further1 that if the holder" or holders or such landagree to construct such '. • ·water-courses at his or other owncost to the satisfaction of the Canal-officer within a specified periodthe said officer shall give the said holder or holders an option of soconstructing the same.

, Sub<. by Sind 15 or \931. s. 2(f). fo. "and eoncc.nMM•

2. SInd OrdInance Nn, lCV11 o~ '974 Gareue Nn,Iricat;on dt."22-HH974.3 Sub-secl.,n (3) was deleted hy S'nd 15 or 19)], s. 2(2).' .4 The words "infhl""IIlncc anile provhioo't or-he lasl prtee&rilseCtiOn"'deleted ·'hW'J(tl1 ftI'5 SuM. Ibid. s. "1)16). for "t~e Canal·offic<r';. ' •~ Ins. Ibid. s. )(\)le).. •1 This "'0";50 iM.lbld. S. J(I)(d).8 Ins. Ibid• • . 3(\)(,).9 Th. word ..newM deleted /bit.

1879: SW VlIJ irrigation 31

Distributio.of cost .rconstradi••over irritatedlands,

Co,t or COnS­tructiou ofnewwater­COUTSC'5 inIocal areas.

(2) In the event of the holder or holders of any land failing toconstruct any '[such] water course '[under the option given tosuch holder or holders in the proviso to sub-section (I)] either tothe satisfaction of the :Canal-officer or within the period specified'. • • ., the Canal-officer mayconstruct '[or reconstruct thesame in whole or in part] ashethinks necessary.

(3) The Canal-officer shall.. on completion of any such water­course as is referred to in sub-section (1) or (2) give to the holderor holders of land concerned notice thereof, and shall make overpossession of tire water-course 'to the said holder' or holders., ("na) It shaH be competent to the, Canal-officer to fix the

boundaries of local areas which are irrigated, by one canal system,and within which water-courses have been or are to be constructediii whole or in part under the provisions of sub-section (I) or (2),and to determine, the Cost or estimated cost, as the case may be,of such water-courses, and the sums to be recovered from all holdersof lands irrigated or to be irrigated within such areas as their shareof the cost thereof, The estimated cost of such water-courses tobe constructed within a local area shall be determined by the Canal­officeron the basis of the actual cost of such water-courses construc­ted within the local area before the, 30th day of September 1933.

Explanation.-For the purposes of this sub-section a canal,system means a canal taking qfT direct' from the river Indus, exceptin the case of the Nasrat Branch, Jamrao, Tharand Hirai Canals,each of which shall be' deemed to be' a canal system.

(b) When the Canal-Officer has determinedthe cost of the cons­truction of water-courses in anv local area in accordance with theprovisions of clause (a), he shall distribute such cost proportionatelyover the lands irrigated or to be irrigated and shall declare theamount payable on account of such cost in respect of the land cons­tituting each survey number as defined in the '[Sind] Land RevenueCode, 1879.and the amount so determined shall be deemed achargeupon such land and shall be payable in the manner hereafter pro­vided, by the holder for the time being of such land '[and the sub­division of any such survey numbers shall not affect the liability ofthe land constituting the survey number for the payment of, thoamount so determined and interest thereon]:

Provided that in distributing such cost in accordance witli theprovisions of this clause land '[belonging to the Crown] on the ~'st

I las: by Sind 15 of 1933. I. UXa).~ In>. fbIJ.. L 3(2)(6). '3 The words :i_qthis behalr' deleted Una, a. :J\~I"CJ.4 Sobo./M4, S;J(2lO. for"tbe "'me or ~oJlSlruc~lhe whole or lDy pIrllbere ol".5 Sullo. a.I4• .. 30)(0). Cor the oriainal cis,Ii Sflr'foot..aote 3 p. I "",.. '7 Subo. by SiDdIi oll939. I. 2, Cor ~.nd no 'uch .urvey number "1111 be sub-divided so 10Dl as

IIoe omounIao dck:nniocd wlth iJIIerut remain' unpaid" '• Subo. by lho A.O., 1931, for ~Oovt.".

lrrigatlon (1879: SW VB

day of August 1931 shall be assessed to such cost at twice the rateof occupied land:

Provided further that when the holder or holders of land haveconstructed a part only of a water-course under the option givenby the proviso to sub-section (1) and the Canal-officer has coas­tructed the remaining part. of' such' water-course there shall becredited to such holder or holders the cost of. the construction of thepart constructed by them, such cost. being based upon and propor­tionate to thecost of the construction of water-courses by theCanal-officer within the local area as determined by the Canal-oftiocrin accordance wih the provisions of clause .(a).]

(c) The Canal-officer' after determining '[and declaring thesurn'" • • ., payable by each holder of land on account of thecost of constructing '[or reconstructing a water-COUrse in accordanoowith the provisions of clause (a) or (b)] shall give notice thereofto '[such] holder or holders of the land concerned with an intima­tion that '[the sum payable on account of such cost] has become duefrom the date on which possession of the water-course was madeover to '[such holder or holders] and that. if so, desired, '[suchholder or holders] .shall be permitted to pay the sum due '[in twentyannual equated. instalments carrying interest at the: rate. of4l per cent. per annum, II default is made in the payment of anysuch instalment interest shall be payable on the. amount of theinstalment at the rate 'of 61 per cent, per annftm from the date onwhich the instalment fell due to the date of payment].'. ..' . . . . .

(d) In- the event of any default in payment Iffof any sum dueunder clause (c)] "[and section '92A] . by the If... holder­or holders, the sum payable shall be.recoverable under section 5').

(5) "[The holder or holders1 of land to whom possession 0( awater-course is given in accordance with the provisions of sub-section(3) sha1l be U[the owner or owners1 of such water-course.

I Ins. by Slnd I~ of 1933," 3(J)(b)(n.

~ r.:~7b;f;'h3(j~~~~~~r~~11,/~;~~",,".4 ~ubs.lbld. s. 3(J)(b)(/Y). foT"the".5 Subs.lhld. s. 3(J)(b)(y). foT....ueh sum".6 Subs. IbId, s. 3(J)(b)(yl). Ior "him or them".7 Subs. Ibid s, 30)(b)(,U) fer 'he OT theY':8 Subs. by Sind 19 of 1941, s. 2(1)(w.e.t.lst February 1938), foT"in t""nt, equol iastaimeni

payable either annually or at soch lesser intervals as may beCoaveD~nt to lueh hoIck'r or holdenlogetber with inlerest at such rate u may be fixed by tbe Provincial Governmeat bul Mt~ lborate payable by the Provincial Gcvemment Onils own bolTowin81 Onthe dale 00 which the 0014 _became payable u afocesaid"' as amended by Sind 15 of 1933. s. 3(3)(6)(Y/il) and tbe 1'..0" 1m.IS 011~:';~;~;;;rx~ tbat 110 such instalment sball be less than five rupees-. deleted. 1»' Siall

10 InS. /bid. s. 3(3)«)(1)•. II Ins, trySind 19 of 1941.s, 2(U)(w.eJ. hI ~..,\}931).

12 The word "said" deIeled by Sind 15 of 1933. s, 3(31\<)(11).IJ Subs. iMI. s, 3(4)(..>. foT....ery holder".14 Subs Ibid. for"'" owner".

1879; Sind VIIII. • •Irrigation-

• • •}J

•

(~) Any person aggrieved b~ an orderof a Canal-officer undersub-section (4) as to the apportionment of the cost of constructionof a water-course.may present a petition to the Collector requestinghim to revise that order, and the Collectorafter such inquiry as hethinks necessary and after giving the person concerned a reasonableopportunity of being heard may pass,'orders as he thinks fit. Theorder passed by the Collector shall, 'subject to revision by the'[Commissioner]. be final and conclusive unless modified by a CivilCourt of competent jur!sdiction.

'[(7)] If after the construction'ofanv water-course under theprovisions of this section the Canal-officer finds' that any furtheralteration in the alignment or construction of. the said water-courseare necessary, it shall be lawful for him with the previous sanctionof the Collector to carry' out such alterations at the expense of'[the Provincial Government].

Explonotion,-For the purposes of this section "the cost ofconstructing a water-course shall, include the cost of. aligning thewater-course and of such preliminary operations as are necessary forsuch alignment, but shall not include more than two-thirds of thecost of main rcctangulation, and sub-rectangulation1.

[9~A. (1) Notwithstanding anything, contained in section 92 Revision ofit shall be lawful for the Provincial Government to direct the Canal ':rjutulOfficer to revise, in accordance with the instructions issued by at in or~u:'usothat, behalf, the sum due under clause (c) of sub-section (4) of ~ection :,e;:~~~~j)92 on account of the cost of the water-courses the construction or payment

reconstruction of which was completed on 'or before the lst day of II ereor·

February 1938, adding to it simple interest at the rate of 4-! perent. per annum from the, 1st day of February 1938 to the 1st day ofFebruary 1942, which latter date -here-in-after in 'this section isreferred to as 'the said date':

Provided that the instructions issued under, this sub-sectionshall not be liable to be amended or added to after the said date.

(2lTIle Canal-Officer after revising the sum in accordancewith the provisions of sub-section (I) shall give notice, to the holderor holde~s of the land concerned ,of the sum so fou'nCt due (herein

I The e'~lan.tion to sub-section m deleted by Sind is of 1933. s. 3(4)(b)2,Sind Ordinance No: XVJl or 1974 N<liricatk. dt. 22-1()'1974.3 This sub-section and explanation ins. by Sind U of 1933.5.-)(5).• Subs.by the A.O.;·19~1. for"Govt.". -5 Section 921\ ins. hy Sind 19 of 1941, s. 3(w.e.r.1st February, 1938),

34 Irrigation (1879: Sind VII

after in this section referred to as 'the said sum)' with an intimationthat-

(a) the said sum shall be the Sum payable in lieu of the sumspecified, in the notice issued under clause (c) of sub­section (4) of section 92 together with simple interestat the rate of 41 per cent. per annum from the said

, date;(b) if any payment has been made before the said date, credit

shall be given only for the amount of such payment andnot for any interest on the amount ofsuch .payrnent:

(c) if so desired by such holder or holders he or they shall bepermitted to pay the said sum in twenty annualequated instalments commencing from. the said dateand carrying simple interest at the rate of 4t per cent.per annum till payment. In such a case, only theamount paid before the said date, if any, withoutinterest thereon shall be credited to the amount of theinstalment or instalments, as the case may be, in theorder in which the same is or are due. If default ismade, in payment of any instalment, interest shall bepayable on the amount of the instalment at the rate of61 per cent. per annum from the date on which theinstalment fell due to the date of payment:

Provided that such holder or holders of land shall not by reasononly of the fact that such notice has not been issued or served on himor them or that there has been any irregularity or mistake in theissue or service of such notice, be entitled to avoid his or theirliability to pay the said sum or an instalment due or interest thereonas herein provided:

'[Provided further that if the Provincial Government is satisfiedthat by reason of damage caused by, a natural calamity to agricul­tural land or produced in the Province or any part thereof the pay­ment of the sum which has become due or of the instalment whichhas become or is about to become due under this sub-section by suchholder or holders of land should be postponed, it may, by notifi­cation in the Official Gazelle, direct that the sum or the instalment.as the case may be, shall be paid on such later date as may be speci­fied in such notification. Such order may also further direct, notwithstanding anything hereinbefore in this sub-section provided.that such sum or instalment may be paid without any interest orbearing interest at such rate, not exceeding 41 per cent. per annumand for such period, as may be specified in such notification].

I. Subs. by SiDd 11 of 1943,'. 2(a){w.cS. hi February 1938).

1879; Sind VII) Irrigation 35

(3) Tho provisions of sub-section (6) of section 92 shall applymutatis mutandis to an order of the Canal-officer as to the revisionunder sub-section ,<1) of the sum due except that the order of theCollector shali be subject only to revision by the 'Commissionerand shall not be called into question on any ground whatever inany Civil Court.

(4) The Provincial Government m.'Y by notification in theOfficial Gazette extend the application of this section to any water­courses within the Lloyd. Barrage Canals System other than thosementioned in sub-section (1) and the provisions of this section shallthen apply to those water-courses with such consequential modifi­cations as to the relevant dates and other respects, except as respectsinterest, as shall be specified in such notification.] ,

'[92-B. If the sum due under sub-section (2) of section 92-Ahas been paid in full on or before the 31st day of December i1942,then, notwithstanding anything contained in clause (a) of the saidsub-section, no interest shall be payable on such sum.]

93. The provisions of sections 91 and 92 '[except the proviso ,,"elro,pec

to sub-section 0) of section 92] shall be deemed to have come into ::~~~ra-operation and to have had effect from the lst June 1926: ~e;~i9fl

Provided that any thing done by the Canal-officer under thesaid provisions between the Ist June 1926 and the date of the com­ing into operation of the '[Sind] Irrigation (Amendment) Act, 1931,shall not be invalid merely on the ground that any procedure laiddown in the provisions has not been followed:

Provided further that no compensation shall be payable for thestoppage of the supply of water to any water-course or to,any personwh? was entitled to such "'l:'ply if such stoppage was due to anyaction of the Canal-officer changing or transferring the source ofwater-supply under the provision of section 91 during the periodaforesaid.

1 Sind Ordinance No: XVll of 1974. Notification dt, 22.IlH974.

2 Section 928 ins. by Sind 11 of 1943, s. :l(b)(w,e.f. tst February 1931).

3 se« foot.Dole 3, p. 1 aete.

Local ..lnl.

'[SIND ACT No. VII OF 1879.]

Tun SIND IRRIGATION Acr, 1879.

[2nd October, 1879.]

An Act to provide for Irrigation in the '[Province of Sind]

WHEREAS it is necessary to make provision for the construction,maintenance and regulation of canals, for the supply of water therefrom made for the levy of rates for' water so supplied, in the '[Pro­vince of Sind]; It is enacted as follows:-

PARTI

PRELIMiNARY.

J. This Act may be called the [SIND] Irrigation Act, 1879. Shotl rlue.

It extends to the whole of the '[Province of Sind]

2. [Sections 55, 101 and 105 of Sind Land Revenue Code,1879, amended.J Rep. hy the Sind Laws (Adaptation, Revision, Re-peal aile! Declaration) Ordinance, 1955 (Sind 5 of 1955), s. 6, Sch.Ll,read with W.P. Act I of 1956, proviso to s. 3.

3. In this Act, unless there be something repugnant in the ln l<T1'rca·subject or context.v- iDa cl·u....

(I) "canal" includes-

(II) all 'canals, channels, tubewells, pipes and reservoirs cons­tructed, maintained or controlled by '[any Government]forthe supp!r or storage of water; .

I. Fot SI.• 'ement of Obiect ••nd Reasons, .'U B.G.G., iS7s. PI. V,P. 126:for rcrort or t~ScItt:1 Committee, JU ibid. 1870 PI. V. p. &1: and for Pr ocecdings in Council, se«IMi, 1179,PI. Y, rr. J, 115 nod 151.

2. Subs, ror"Bombay Preoidcncy" by Sind Oridnance S ol 19S~, rea d with W.P. Aet I ef 1'5',proviso 10 s. J (,.,.c.r. 30th May, 1951).

.. 3. Sub<,ibid,(w.e.r.30th Ma!', 19SI\.fo,"Bolllb.y".

4. The wordsin brackets, which were subs, (bid. for "Presidency or Bombay, eJ.~pl iatbe cityor Bombay" should now be constructed as referring to the Districts or Dadn, Hyderabad, That·~ker, Upper Sind Pronlter. Lukana, Nawabahah, Sanghar, Si.kkur ar.d 1 halla, J~~ W.P.A. XVIGC 1957, •. 3{\) and Sch. J.

The Act hat also been ex!cDJed to the Di'l,ict of Khairpur see W.P. Ord. 4 or 1959' S.3 talSch.1.

S. SIIb!. by tbe A.O., 1937, Icr "Govt".

,. IJ.1Cr1ed Tide Oov!. or WP. Ord. No. XXl'VIll of 1969 d.ted :1.2Dd Noyember.I96J,