33. Liability when person using unauthorisedly cannot be identified. - If
water supplied through a [Canal] be used in an unauthorized manner, and if the
person by whose act or neglect such use has occurred cannot be identified -
The person on whose land such water has flowed, if such land has derived
benefit therefrom,
or if such person cannot be identified, or if such land has not derived benefit
therefrom, all the persons chargeable in respect of the water supplied through
such [Canal],
shall be liable or jointly liable, as the case may be, to the charges made for such
use.
34. Liability when water runs to waste. - If water supplied through a [Canal] be
suffered to run to waste, and if, [ - ] the persons through whose act or neglect
such water was suffered to run to waste cannot be discovered, all the persons
chargeable in respect of the water supplied through such canal shall be jointly
liable for the charges made in respect of the water so wasted.
35. Charges recoverable in addition to penalties. - (1) All charges for the
unauthorised use or waste of water may be recovered in addition to any penalties
incurred on account of such use or waste.
(2) All questions, including questions pending for disposal on the commencement
of the Northern India Canal and Drainage (Punjab) Amendment Act, 1965, under
Section 33 or 34 shall be decided by the Collector.
(3) An appeal shall lie to the Commissioner against the decision of the Collector
under sub-section (2) within a period of thirty days from the date of such decision.
(4) The Financial Commissioner may suo motu at any time or on an application
made in this behalf by an aggrieved person within a period of thirty days from the
date of the order, revise an order passed in appeal under sub-section (3).
36. Charge on occupier for water how determined. - The rates to be charged
for the canal water supplied for purposes of irrigation to the occupiers of land
shall be determined by the rules to be made by the State Government and such
occupiers as accept the water shall pay for it accordingly.
Occupier's rate. - A rate so charged shall be called the "occupier's rate."
The rules hereinbefore referred to may prescribe and determine what persons or
classes of persons are to be deemed to be occupiers for the purposes of this
section, and may also determine the several liabilities, in respect of the payment
of the occupier's rate of tenants and of persons to whom tenants may have sublet
their lands or of proprietors and of persons to whom proprietors may have let the
lands held by them in cultivating occupancy.
37. Owner's rate. - In addition to the occupier's rate, a rate to be called the
"owner's rate" may be imposed, according to rules to be made by the State
Government, on the owners of canal-irrigated lands, in respect of the benefit
which they derive from such irrigation.
38. Amount of owner's rate. - The owner's rate shall not exceed the sum which
under the rules for the time being in force for the assessment of land revenue
might be assessed on such land, on account of the increase in the annual value
or produce thereof caused by the canal irrigation. And for the purpose of this
section only, land which is permanently settled or held free of revenue shall be
considered as though it were temporarily settled and liable to payment of
revenue.
39. Owner's rate when not chargeable. - No owner's rate shall be chargeable
either on the owner or occupier of the land temporarily assessed to pay land
revenue at irrigation rates, during the currency of such assessment.
[40 to 43]. - Repealed by Act XVI of 1887 (The Punjab Tenancy Act), Section 3
and schedule.
44. Water rate by whom payable, when charged on land held by several
owners. - Where a water rate is charged on land held by several joint owners, it
shall be payable by the manager or other person who receives the rents or profits
of such land, and may be deducted by him from such rents or profits before
division, or may be recovered by him from the persons liable to such rate in the
manner customary in the recovery of other charges on such rents or profits.
Recovery of Charges
45. Certified dues recoverable as land revenue. - Any sum lawfully due, under
this part and certified by the Divisional Canal Officer to be so due which remains
unpaid after the day on which it becomes due, shall be recoverable by the
Collector from the person liable for the same as if it were an arrear of land
revenue.
46. Power to contract for collection of canal dues. - The Divisional Canal
Officer or the Collector may enter into an agreement with any person for the
collection and payment to the State Government by such person of any sum
payable under this Act by a third party.
When such agreement has been made, such person may recover such sum by
suit as though it were a debt due to him, or an arrear of rent due to him on
account of the land, work or building in respect of which such sum is payable, or
for or in which the canal water shall have been supplied or used.
If such person makes default in the payment of any sum collected by him under
this section, such sum may be recovered from him by the Collector under section
45 : and, if such sum or any part of it be still due by the said third party, the sum
or part so due may be recovered in like manner by the Collector from such third
party.
47. Lambardars may be required to collect canal dues. - The Collector may
require the lambardar or person under engagement to pay the land revenue of
any estate to collect and pay any sums payable under this Act by a third party, in
respect of any land or water in such estate.
Such sums shall be recoverable by the Collector as if they were arrears of land
revenue due in respect of the defaulters' share in such estate;
And for the purpose of collecting such sums from the subordinate zamindars,
raiyats, tenant or sub-tenants, such lambardar or person may exercise the
powers, and shall be subject to the rules, laid down in the law for the time being
in force, in respect to the collection by him of the rents of land or of shares of land
revenue.
The State Government shall provide -
(a) for remunerating persons collecting sums under this section; or
(b) for indemnifying them against expenses properly incurred by them in such
collection; or
(c) for both such purposes.
48. Fines excluded from Sections 45, 46, 47. - Nothing in sections forty- five,
forty-six or forty-seven applies to fines.