46. "Person" in this Part includes any number of persons acting jointly.
Register of village- channels to be kept
47. The canal-officer shall keep a register of all village- channels, whether already existing or constructed under this Act, and shall note thereon in respect of every village-channel whether it is a public channel maintained at the cost of the Government, or a private channel maintained at the cost of the owners; and shall register the names of the owners of every such private channel.
Extension or branch of village- channel to be registered
A village-channel made as an extension of, or a branch to, an existing village-channel shall be registered as a separate village-channel; and so much of the length of any village-channel as lies within the limits of any one village or mauza shall be entered on the register as a separate village-channel.
Every section of a village-channel so separately entered on the register shall be deemed to be a separate village-channel in respect of all rights and liabilities imposed by this Act:
Canal-officer may register as one village channel section including portions lying within two or more villages
Provided always that, whenever it shall seem fit to the canal-officer for any special reason to enter upon his register as one village-channel a section of a village-channel which includes portions lying within two or more villages or mauzas, the canal-officer may, with the consent of the Collector obtained in writing, register such section as one village-channel, and such section shall be deemed to be one village-channel in respect of all rights and liabilities imposed by this Act.
Person may acquire existing village-channel by agreement
48. Any person may, with the consent of the canal- officer, acquire the property in an existing village-channel for the purpose of improving or maintaining it-
(a) by taking over any village-channel belonging to Government;
(b) by transfer of a village-channel from the owner thereof by private agreement.
Construction of new village-channel
49. Any person may, with the permission of a canal- officer, construct a new village-channel if he has obtained the consent of the owners and occupiers of the land required therefor.
Application by person desiring construction of new village-channel
50. Any person desiring the construction of a new village-channel, but being unable or unwilling to construct it under a private arrangement with the owners and occupiers of the land affected, as mentioned in the last preceding section, may apply in writing to the canal-officer stating–
that he desires the said canal-officer, in his behalf and at his cost, to do all things necessary for constructing such village-channel;
that he is ready to defray all costs necessary for acquiring the land and constructing such village-channel.
Procedure when canal-officer considers construction of village-channel expedient.
51. If the canal-officer considers the construction of such village-channel expedient, he may call upon the applicant to deposit any part of the expense such officer may consider necessary,
and, upon such deposit being made, shall cause inquiry to be made into the most suitable alignment for the said village-channel,
and shall mark out the land which, in his opinion, it will be necessary to occupy for the construction thereof,
and shall forthwith publish a notification in every village through which the village-channel is proposed to be taken that so much of such land as is situated within such village has been so marked out,
and shall send a copy of such notification to the Collector of every district in which any part of such land is known to be situate for publication on such land.
Notice to person wishing to be joint owner
Such notification shall also call upon any person who wishes to be admitted a joint owner of such village- channel to make his application in that respect within thirty days of the publication of such notification.
If any such applicant appears, and his application is admitted, he shall be liable to pay his share in the construction of such village-channel and the cost of acquiring such land, and shall be an owner of such village-channel constructed.
Collector to acquire land
52. On receipt of copy of such notification, the Collector shall proceed to acquire such land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been issued by the Government for the acquisition thereof under section 6 of that Act, and as if the Government had thereupon directed the Collector to take order for the acquisition of such land under section 7 of the said Act, and (if necessary) as if the Government had issued orders for summary possession being taken under section 17 of the said Act.
Procedure after construction of village-channel
53. On being put in possession of the land the canal-officer shall construct the required village-channel; and on its completion shall give to the applicant notice thereof, and of any sum payable by him on account of the cost of acquiring the land and constructing the village-channel.
On such notice being given, such sum shall be due from the applicant to the canal-officer.
On receipt of payment in full of all expenses incurred, the canal-officer shall make over possession of such village-channel to such applicant.
Canal-officer may direct transfer of village-channel
54. Whenever a canal-officer considers that the transfer of a village-channel from the owner is necessary for the proper management of the irrigation from such village-channel, he may cause a notice to be served on the registered owner to appear on a certain day, not less than fifteen days after service of notice, and to prefer any objection to such transfer.
After hearing such objection, the canal-officer may that such village-channel shall be transferred to such person as he may think fit, and that such person be registered as owner of the said village-channel:
Provided that no person shall be registered as the owner of a village-channel under this section, unless he has expressed in writing his willingness to be so registered, and until he has paid to the canal-officer such sum as may be fixed by the canal-officer under section 56.
Person may be admitted joint owner of existing village- channel
55. Any person wishing to become the joint owner of an existing village-channel may petition the canal-officer to that effect, and on receipt of such petition the canal-officer may, if he thinks fit, issue a notice as provided in the last preceding section upon the registered owner, and, after hearing any objection which the registered owner may prefer against the admission of such application to be a joint owner, may direct that the applicant shall be registered as such joint owner.
Canal-officer to fix sums payable on transfer or acquisition of joint ownership
56. When deciding the question of transfer or of admission to joint ownership under either of the two last preceding sections, the canal-officer shall also determine what amount shall be paid-
as the costs of the proceedings;
as compensation to the previous owners;
and the amount so determined shall be due by the transferee, or the person admitted to registry as a joint owner, as the case may be; and, on payment of such amount, the village-channel shall be transferred, or the applicant shall be registered as owner or as a joint owner thereof, as the case may be.
Canal-officer may fix rent for a village-channel, transferred
57. Instead of awarding payment of compensation under the last preceding section, the canal-officer may fix an amount of rent to be paid annually to the previous owners by the persons to whom the village-channel is transferred.
Ownership of village-channel
58. Every person-
(a) acquiring a village-channel as provided in section 48; or
(b) constructing a village-channel as provided in section 49; or
(c) receiving possession of a village-channel as provided in section 53; or
(d) acquiring a village-channel by transfer as provided in section 54; or
(e) being admitted to registration as joint owner in a village-channel as provided in section 55,
shall be deemed to be an owner of such village-channel.
Obligation and right of owner of village-channel
59. Every owner of a village-channel shall be bound–
(a) to construct and maintain all works necessary for the passage across such village-channel of canals, village-channels, drainage-channels and public roads existing at the time of its construction, and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the occupants of neighbouring lands;
(b) to maintain such village-channel in a fit state of repair for the conveyance of water;
(c) to allow the use of it to others on such terms as may be declared equitable by the canal-officer as hereinafter prescribed;
and shall be entitled–
(d) to have a supply of water by such village-channel at such rates and on such terms as are prescribed by the rules made by the Government under section 99;
(e) to receive such rent for the use of the village-channel by other persons as the canal-officer may award him.
If owner of village-channel, fails to execute work or repair canal-officer may do so
60. If the owner of a village-channel fails to fulfil the obligations mentioned in clauses (a) and (b) of the last preceding section, the canal-officer may require him by notice to execute the necessary works or repairs within a period not being less than fifteen days, and in the event of failure may execute them on his behalf;
and all expenses incurred by the execution of such works or repair shall be a sum due by such owner to Government;
and, if any such owner who has already failed on one occasion to execute such works or repairs when required to do so, and has left them to be executed on his behalf by the canal-officer, shall again fail to execute any such works or repairs when required to do so; or if any such owner shall refuse in any respect to fulfil the obligation mentioned in clause (c) of the last preceding section, after having been required to fulfil the same by a notice in writing from the canal-officer, the canal-officer may strike such village-channel off the register, and so disqualify it to be any longer a medium for the conveyance of canal-water.
Resignation of ownership
61. Any owner may resign his interest in a village-channel:
Provided such resignation be duly registered in the office of the canal-officer.
Owner may transfer interest
62. Any owner of a village-channel may, with the consent of the canal-officer, transfer his interest to any other person:
Provided that the liabilities of the person so transferring shall not cease till such transfer is registered in the office of the canal-officer.
Procedure on death of owner of village-channel
63. If any owner of a village-channel dies, his legal representative may apply for registration in his stead.
If no such application for registry be made within six weeks from the death of the said owner, the remaining registered owners of the village-channel, if any, shall be deemed to be owners of the entire interest in the village-channel, until some other person shall have established his claim to be registered as owner in place of the deceased.
If the deceased shall have been the sole registered owner, the canal-officer shall be deemed to be his representative for the purposes of this Part, and shall exercise all rights and be bound by all liabilities which attached to the deceased in respect of his ownership of the said village-channel, until some person shall have established his right to be registered as owner thereof in place of the deceased; and the canal-officer shall account to such person for all sums received and expended in the exercise of the rights and discharge of the liabilities which attached to the deceased in respect of such ownership.
Procedure when person applies for registration in lieu of deceased owner
64. When any person applies for registration under the three last preceding sections, the canal-officer shall serve notice on the other registered owners to prefer any objection to the registration, transfer or succession within fifteen days, and, if no such objection shall be made, or if the objections made be deemed invalid, shall order such resignation, transfer or succession to be registered.
Interest of owners equal, unless unequal interest registered
65. All joint owners of a village-channel shall be held to have an equal interest in it, unless, with the permission of the canal-officer, they register specific unequal interests.
Supply of water to person not owner
66. Any person not an owner of a village-channel, desiring to have a supply of water through such village-channel, may make a private arrangement with the owners for the conveyance of water, or may apply to the canal-officer for authority to use such village-channel.
Canal-officer may authorize supply
67. On receipt of such application the canal-officer shall serve notice on the owners to show cause why such permission should not be granted, and, if no objection be raised, or if any objections be raised and found invalid, shall authorize the conveyance of such supply on such conditions as may appear to him equitable.
Canal-officer to fix rent of village-channel
68. The canal-officer shall also fix a sum as rent to be paid for the use of such village-channel to the owner.
Such rent may be in the form of a percentage on the water-rate of the person using the village-channel, or otherwise, as may be fixed by the canal-officer.
Owner of village-channel receiving supply through another deceased village-channel
69. The owner of a village-channel which receives its water through another village-channel may, at the discretion of the canal-officer, either be declared a joint owner of such other village-channel, or may be required to pay rent for the use of the same to the owner thereof, as provided in the last preceding section.
Instalments in which rent is payable
70. All rent payable under either of the two last preceding sections shall be deemed to be due in the same installments and at the same periods as the water rate is due, or in such other installments and at such other dates as the canal- officer may direct, and may be collected by the canal-officer on behalf of the person entitled to it, if the canal-officer thinks fit.
Canal-officer to pay no more than amount collected
71. Any canal-officer collecting rent under the last preceding section on behalf of any person entitled thereto shall be bound to pay to the person entitled to the same no more than the amount actually collected by him as rent.
Land acquired not to be used for other purpose
72. No land acquired under this Part for a village-channel shall be used for any other purpose without the consent of the canal-officer previously obtained.
Dues how recovered
73. Every sum declared to be due under this Part shall be recoverable by the canal-officer on behalf of the Government of the person entitled to receive the same, and shall be held to be a demand.
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Ministry of Law, Justice and Parliamentary Affairs