.contracts for water; But all contracts made between Government and the owner or occupier transfer, with land, of of any immovable property, as to the supply of canal-water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place : (f). No right to no right acquired by user. to supply any person contract in writing. the use of the water of a canal shall be, or be deemed Liability when person using unauthorizedly cannot be identified. PART V. OF WATER-RATES. 33. If water supplied through a water-course 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 water-course, shall be liable, or jointly liable, as the case may be, to the charges made. for such use. 34. If water supplied through a water-course be suffered to run to Liability when water waste, and if, after enquiry by the Divisional Canal Officer, the person through whose act or neglect runs to waste. such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water-course shall be jointly liable for the charges made in respect of the water so wasted. 35. All charges for the unauthorized use or for waste of water may Charges recoverable in recovered in addition to any penalties incurred on account of such use or waste. addition to penalties. be All questions under section thirty-three or section thirty-four shall be Decision of questions decided by the Divisional Canal Officer, subject to under sections 33 and 34. an appeal to the head revenue officer of the district, or such other appeal as may be provided under section seventy-five. water how determined. 36. The rates to be charged for canal-water supplied for purposes of Charge on occupier for irrigation to the occupiers of land shall be determined by the rules to be made by the Local Government, and such occupiers as accept the water shall pay for it accordingly. A rate so charged shall be called the 'occupier's 'Occupier's rate.' rate.' 37. 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 Local Government, on the owners of canal-irrigated lands, in respect of the benefit which they derive from such 'Owner's rate.' 38. The owner's rate shall not exceed the sum which, under the rules for the time being in force for the assessment of Amount of owner's rate. 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. Owner's rate when not chargeable. 39. No owner's 1ate shall be chargeable either on the owner or occupier of land temporarily assessed to pay land revenue at irrigation-rates, during the currency of such assessment. NOTES. (a).-The Lieutenant-Governor has, with the sanction of the Governor-General in Council, laid down the following rule for the assessment, until further orders, of the "owner's rate under Sections 37, 38 and 39 of this Act, in certain lands irrigated from the Agra Canal, in the districts of Delhi and Gurgaon : "" RULE. In al estates into which canal irrigation has been introduced for the first time since last Settlement, and shall hereafter be introduced, the owner's rate shall, until further orders, be assessed at one third of the occupier's rate leviable on occupiers of canal irrigated lands. Proviso 1st The owner's rate shall nowhere 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. Proviso 2nd. All lands irrigated from wells or other sources at the time of the last Settlement and then assessed at irrigated rates, shall be excluded from the operation of owner's rate. 2. This rate will be first collected for the rabi fasl of 1874-75, A. D.-(Notification No. 4059 dated 17th Sep'ember 1875-Punjab Gazette of 23rd idem). (b).-The Lieutenant-Governor has, with the sanction of the Governor-General in Council, laid down the following rules for the assessment of the "owner's rate under Sections 37,38 and 39 of this Act in lands irrigated from the Agra Canal which are not assessed to Govern ment revenue: RULES. 1. In all such lands the owner's rate shall, until further orders, be assessed in the same manner as in lands assessed to Government revenue. 2. In all such land, the owners of which are also grantees of the land revenue, the rate will be first collected for the kharif fasl of 1877 A. D. 3. In all cases when the owners are distinct from the grantees of the land revenue, the rate will be first collected for the kharif fasl of the present year 1875, A.D.-(Notification No. 4060, dated 17th September 1875-Punjab Gazette of 23rd idem). (c). The Lieutenant Governor has laid down the following rule for the assessment of the owner's rate under the above sections on all lands irrigated from the Western Juina Canal, in the districts of Dehli, Rohtak, and the Panipat Tahsil of Karnal, and that part of the Karnal tahsil which formerly belonged to the Panipat district, and has been re-assessed in the Settlement of the Karnal district now in progress :-- RULE. In all estates receiving irrigation from the Western Jumna Canal the owner's rate shall, until further orders, be assessed at one-half of the occupier's rate leviable on occupiers of canal-irrigated lands. Proviso 1st.-The owner's rate shall nowhere 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 of produce thereof, caused by the canal. Proviso 2nd.-All lands irrigated from wells or other sources besides canals, and assessed at irrigated rates at the Settlement now in force, shall be excluded from the operation of owner's rate. This rate will be first collected in the Panipat Tabsil from the autumn harvest of 187879, and in the rest of the tract under reference. from the autumn harvest of 1879-80.-(Notifica tion No. 5761, dated 25th June 1880–Punjab Gazette of 1st July), (d).-General rules for all new Jagir or Mafi grants and for old grants to which canal irrigation has not heretofore extended. 1. In a case of (a) all new grants which may be made hereafter, or (b) of lapsing grants continued to heirs by review of former orders, or (c) of old grants to which canal irrigation has not heretofore extended, the grantees shall not get the owner's rate. This rule in respect to grants of class (c) shall be subject to the following proviso : Proviso. If, owing to supersession of irrigation from wells or other private works, by irrigation from a Government canal, particular fields, forming part of a Jagir or Mafi grant and assessed with land-revenue at irrigation rates, shall at a Settlement subsequent to the grant be assessed at dry rates and made liable to a separate charge of the nature of owner's rate, then the grantee (if not also the proprietor or cultivator of the land) shall be entitled to compensation for the loss of the irrigated rate of land-revenue which he formerly received on such fields. The compensation may take the form of an assignment of the whole or part of the owner's rate on such fields, or of a lump sum cash payment, or of a separate additional assignment of land-revenue, as may seem most advisable in each case. General rules for all ́old (i. e. previously made) Jagir or Mafi grants to which Canal Irrigation has been heretofore extended. 1. If the grant was irrigated from a Government Canal, either when the grant was first made or before the first regular Settlement, and the grantee has hitherto enjoyed, either in the way of assignment or remission, the owner's rate or a land-revenue assessed by the old proce dure at canal-irrigated rates, he shall get the owner's rate in future. 2. If the grant was not irrigated by the canal, either when the grant was first made or before the first regular Settlement, the grantee shall not get owner's rate; but this rule shall be subject to the following provisos :- Proviso L-If on the Bari Doab and Upper Sutlej Inundation Canals, the Government has heretofore surrendered to the grantee the charges equivalent to owner's rate, viz, the wateradvantage rate on the Bari Doab Canal, and on the Upper Sutlej Inundation Canals in the Lahore district, and half the fluctuating canal-revenue on the Upper Sutlej Inundation Canals in the Montgomery district, the grantee shall enjoy the owner's rate for his life. Explanation. In the case of grants held by institutions, the surrender of the owner's rate will be continued only during the life of the present head of the institution if there is one, and if there is no such head, the term of Settlement will be substituted for the life of the holder in applying this proviso. Provise II.—If, owing to supersession of irrigation from wells or other private works, by irrigation from a Government canal, particular fields forming part of a Jagir or Mafi grant and assessed with land-revenue at irrigation rates shall at a Settlement subsequent to the grant be assessed at dry rates and made liable to a separate charge of the nature of owner's rate, then the grantee (if not also the proprietor or cultivator of the land) shall be entitled to compensation for the loss of the irrigated rate of the land-revenue which he formerly received on such fields. This compensation may take the form of an assignment of the whole or part of the owner's rate on such fields, or of a lump sum cash payment, or of a separate additional assignment of land-revenue, as may seem most advisable in each case. Proviso III.—This rule will not apply to the case of such assignees, if any, who are expressly entitled to owner's rate under the terms of these grants. General Explanation I.-For the purpose of the above rules the term "owner's rate" includes water-advantage revenue, and the half of the fluctuating Canal revenue on the Upper Sutlej Inundation canals in Montgomery, which represents the revenue demanded at irrigated rates under the former system of assessment; and also the canal-advantage revenue rate asessable in the districts of Mooltan, Muzaffargarh, and Dera Ghazi Khan, on lands not assessed with land-rovenue at canal-irrigated rates at the late Settlement, which may hereafter be supplied with canal water. General Explanation II.-The term grant means each separate village or mafi plot, not agrant comprising several separate villages or several separate plots. (See Financial Commissioner's Circular No. 6 S. of 1882). (e). For further instructions applying to the owner's rate system, see Financial Commissioner's Circular No. 7 S, of 1882. 40-43. Repealed by Act XVI of 1887. 44. 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 Water-rate by whom payable when charged on land held by several owners. 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. Certified dues recoverable as land revenue. Recovery of Charges. 45. 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. Power to contract for collection of canal-dues. 46. The Divisional Canal Officer or the Collector may enter into an agreement with any person for the collection and payment to the 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 forty-five; 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. Lambardars may be required to collect canal dues. 47. The Collector may require the lambardar or person under engagement to pay the land-revenue of any estate, to collect pay any sum payable under this Act by a third party, in respect of any land or water in such estate. and Such sums shall be recoverable by the Collector as if they were arrears of land-revenue due in respect of the defaulter's share in such estate; Fines excluded from sections 45, 46, 47. and for the purpose of collecting such sums from the subordinate zamindars, ryots or 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 Local 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. Detainer of vessels violating rules. 48. Nothing in sections forty-five, forty-six, or forty-seven applies to fines. PART VI. OF CANAL-NAVIGATION. 49. Any vessel entering or navigating any canal contrary to the rules made in that behalf by the Local Government, or so as to cause danger to the canal or the other vessels therein, may be removed or detained, or both re-. moved and detained, by the Divisional Canal Officer, or by any other duly authorized in this behalf. The owner of any Liability of owners of ressels causing damage. person vessel causing damage to a canal, or removed or detained under this section, shall be liable to pay to the Government such sum as the Divisional Canal Officer with the approval of the Superintending Canal Officer determines to be necessary to defray the expenses of repairing such damage, or of such removal or detention, as the case may be. 50. Any fine imposed under this Act upon the owner of any vessel, or the servant or agent of such owner or other person Recovery of fines for offences in navigating in charge of any vessel, for any offence in respect of the navigation of such vessel, may be recovered either in the manner prescribed by the Code of Criminal Procedure, or, if the Magistrate imposing the fine so directs, as though it were a charge due in respect of such vessel. canals. Power to seize and detain 51. If any charge due under the provisions of this Part in respect of any vessel is not paid on demand to the person vessel on failure to pay authorized to collect the same, the Divisional Canal charges. Officer may seize and detain such vessel and the furniture thereof, until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full. 52. If any charge due under the provisions of this Part in respect of any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal, is not Power to seize cargo or goods, if charges due thereon are not paid. paid on demand to the person authorized to collect the same, the Divisional Canal Officer may seize such cargo or goods, and detain them until the charge so due, together with all expenses and additional charges arising. from such seizure and detention, is paid in full. 53. Within a reasonable time after any seizure under section fifty-one or section fifty-two, the said Canal Officer shall give Procedure for recovery of notice to the owner or person in charge of the prosach charges after seizure. perty seized that it, or such portion of it as may be necessary, will, on a day to be named in the notice, but not sooner than fifteen days from the date of the notice, be sold in satisfaction of the claim. on account of which such property was seized, unless the claim be discharged before the day so named. And if such claim be not so discharged, the said Canal Officer may, on such day, sell the property seized or such part thereof as may be necessary to yield the amount due, together with the expenses of such seizure and sale: Provided that no greater part of the furniture of any vessel or of any cargo or goods shall be so sold than shall, as nearly as may be, suffice to cover the amount due in respect of such vessel, cargo, or goods. The residue of such furniture, cargo, or goods, and of the proceeds of the sale, shall be made over to the owner or person in charge of the property seized. Procedure in respect of vessels abandoned and goods unclaimed. 54. If any vessel be found abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal, be left unclaimed for a period of two months, the Divisional Canal Officer may take possession of the same. |