Canal and Drainage Act,1873

The Canal and Drainage Act, 1873 is a very old Punjab-focused law (Section 1 confirms it extends to the Punjab) that governs how government-controlled canals supply water, how drainage disputes are resolved, and how canal-related fees and offences are handled. Part II (Sections 5 to 13) covers how the government applies water for public purposes: a notification must be issued before water-supply is diverted for public use (Section 5), affected landowners can claim compensation within a limitation period (Sections 7 and 9), and rent is abated or restored depending on interruptions to water supply (Sections 11 and 12).

Part III (Sections 14 to 30) governs construction and maintenance of canal works, including the government's power to enter land to survey, clear land, or make repairs (Sections 14 and 15), with compensation payable for resulting damage. Sections 16 to 30 set out the detailed process for a person to apply to use canal water, construct or transfer a water-course, and how disputes between the Canal-officer and a Collector, or between the applicant and other water users, get resolved, including what expenses the applicant must pay before receiving occupation of the water-course. Part IV (Sections 31 and 32) covers the terms of water supply where there is no written contract, including the government's power to stop supply and the (lack of) compensation claims that follow, and clarifies that using water does not itself create a legal right to keep using it.

Part V (Sections 33 to 48) governs water-rates: it covers liability when an unauthorized water user cannot be identified (Section 33), water wasted while running to waste (Section 34), the distinct "occupier's rate" and "owner's rate" charged for water use (Sections 36 to 44), and how these certified dues are recovered as land-revenue (Section 45). Part VI addresses canal navigation, including detaining vessels that violate rules and recovering fines for canal navigation offences (Sections 49 and 50). Part VII (Sections 55 to 62) covers drainage specifically: the power to prohibit or remove obstructions to drainage (Sections 55 and 56), and preparing schemes for drainage improvement works with a rate charged on the lands that benefit (Sections 57 to 59).

Part VIII covers obtaining compulsory labour for canal and drainage works (Sections 63 to 66), reflecting the Act's colonial-era origins. Part IX addresses the jurisdiction of Civil Courts over disputes arising under the Act (Section 67). Part X (Sections 70 to 73) covers offences and penalties — Section 70 creates offences under the Act (without specific fine figures shown in this extract) and Section 73 allows any person in charge of a canal or drainage-work to arrest, without a warrant, someone who wilfully damages a canal or interferes with its water flow. Given the Act's age (1873) and the fact it has been repealed in Balochistan and separately amended in Punjab and the former N.W.F.P., readers should treat its provisions — especially any specific fine amounts and its geographic applicability — as needing verification against the current official text.