Canals

Original issue, dated 7^th June, 1909.

2^nd Reprint, dated 3^rd August, 1915.

3^rd Reprint, dated 1^st March, 1924.

4^th Reprint, dated 12^th October, 1926.

5^th Reprint, dated 30^th November, 1953.

Revised on 30^th January, 1987.

I–Preamble

Government have laid it down that it is important that the canal officer should recognize the responsibility of the Deputy Commissioner in all matters likely to affect the welfare of the people of his district.  He should spontaneously keep the Deputy Commissioner informed, and, when necessary, consult him freely, with regard to all important matters connected with canal administration, and more especially with regard to any contemplated changes likely to affect the interest of the people.

It should be clearly-recognized that the Deputy Commissioner has a right to point out what may appear to him to be defects in the canal administration, to obtain information with regard to them or to any matter in which he has good reason to believe that any person in his district has a genuine grievance and to be informed as to the remedy which it is proposed to apply.

If on any question connected with the canal administration the Deputy Commissioner disagrees with an Executive Engineer, he should have power to require that the case be submitted by the Executive Engineer with a copy of his (the Deputy Commissioner’s) remarks for the orders of the Superintending Engineer, who should not overrule the Deputy Commissioner without the consent of the Commissioner.  The principle to be followed is that at each stage the Revenue Officer who cannot agree with the orders passed or the proposal made by an Irrigation Officer may require the latter to refer the case to his own superior, who will consult the superior of the Revenue Officer regarding it, if he is unable to accept the views of the latter.

II –General

1.It is general rule that public departments must pay, at the ordinary rates in force, for all water supplied to them from Government canals.This rule applies to water passed off through a canal escape and to water supplied for flushing drains or irrigating public gardens or for any purpose whatever, and provided that non-residential and residential areas of all buildings owned by Government, should be assessed to occupiers rate.

* This order relates only to Canals managed by the Irrigation Department under the provisions of the Northern India Canal and Drainage Act, VIII of 1873.  The history of the various stages of canal assessments will be found in paragraph 59-62 and 443-52 of the Settlement Manual, and in a very useful summary printed as Appendix ‘A’ to selections from the Proceedings of the Financial Commissioner (new series) No. 21.

Exceptions:

(a)  In the case of a residential building owned by the Punjab Government and occupied by an official in the employ of that Government, and any non-residential building owned and used by that Government,  occupiers’ rate should be recovered only on the area actually devoted to the cultivation of vegetables, fruit-trees and any crop, and not on the area occupied by flowers, grass or ornamental trees.

(b)  Canal Rest House gardens and canal plantations belonging to the Irrigation Department are exempt from the payment of occupiers’ rate, but vacant land within the boundaries of canal rest house compounds sown with fodder crops for the purpose of feeding Government Bullocks should be assessed to occupiers’ rate.

2.  It is further general rule that all canal dues must be collected by Collectors and Tehsildars with great promptitude.  The Collector should pay as much attention to the collection of canal dues as he does to the realization of land revenue.  All collections must be made punctually, and in case of default Collectors should take prompt measures to effect revenue of arrears.  This instruction must be specially borne in mind in cases where Superintending Engineers have disallowed remissions proposed by Divisional Canal Officers.  Commissioners are requested to see that this rule is observed and to take prompt notice of any remissness in collection reported to them by Superintending Engineers.  The failure of the rains is not a sufficient reason for allowing the canal collections to fall into areas.

3.  The following are the rules relating to the assessment, remission and realization of canal charges, the payment of collection fees to Lambardars and the forms and procedure to be adopted in accounting for canal revenue assessed by the officers to the Irrigation Branch, Punjab and realized by the Revenue Department, so far as they are applicable to Revenue Officers.

III –Demand

A –Occupier’s Rates

Note.–For the purposes of section 36 of the Act, occupiers are defined in notification No. 40-RI, dated 9^th February, 1903.

4.  Preparation of Khasra.  In the absence of contracts, the khasra of field measurement paper Form No. I, in Punjabi forms the basis of all the demands as well as of statistical returns.   It will include all areas liable to water-rates, and also all in respect of which special charges have been ordered by the competent authority under rules 32 and 33 made under Act VIII of 1873.  For each village or estate the Khasra will be a separate document numbered in a separate series of each tehsil in a district. It will be signed by each Lambardar present at the time of measurement, as well as by the measuring officer.

5.  Areas how shown.  The unit of area in the khasra and Punjabi Forms I-A, I-B, H and H-A, derived from it, will be the local unit or that employed in the village papers prepared by the district Irrigation Booking Clerks but the totals for each village or estate should also be recorded at the foot in English acres to two places of decimals.

6.  Preparation of Khatauni.  From the khasra, the Khatauni or statement of demands, Form I-A will be compiled in Punjabi by the canal measurement establishment immediately after the completion of the khasra, and the khasra and khatauni will then be forwarded to the office of the Executive Engineer.  The statements for each tehsil will then be checked and completed by the entry of details of lambardars’ fees (see paragraph 17).

7.  Despatch of Khatauni to Tehsildar.  The Khataunis will then be forwarded to the Tehsildar, on a date not earlier or later than that fixed as the earliest or latest date for the dispatch of these statements as given in the following form-

Earliest and latest dates fixed for the dispatch of Khataunis or Demand statements from the Executive Engineer’s office to the Tehsildar.

 

8.  Recovery of Demands.  “On receipt in the tehsil the Khataunis will be made over to the Wasil Baqi Nawis so that he may complete them by the inclusion of cesses, if necessary, and enter up the demand, etc. in his register.  The Khataunis will then be sent to the patwari who on receiving them will prepare the dhal bachh for the Lambardar, allowing the Lambardars to see and consult the khatauni in cases of doubt.

The demand on account of canal revenue will become due as soon as dhal bachh is in the hands of the Lambardars and must be paid into the treasury, not later than the dates given below: -

On canals where the canal rules are assessed by the Revenue establishment they will become due on the same date as the land revenue demand.

When the above dates have passed, process may issue for the collection of any arrears in the same way as for arrears of land revenue, but there is no reason why dastaks should not issue under section 97 of the Land Revenue Act on application by Lambardars any time after the receipt of the dhal bachh by them, provided they have made a demand which has not been complied with.

In September, the Patwari will file the khataunis of the previous rabi and the kharif proceeding that rabi with the office Kanungo of the tehsil, who will keep them in annual bundies destroying them when they are six years old subject to the condition that full amount of such khataunis stand already recovered.

9.Distribution of parchas.  As soon as the Irrigation Booking Clerk has completed the final measurements of a village he will make out *parchas of each cultivator of the village in form 1-B before commencing the measurements of the next village.  After the parchas have been entered in the Khatauni, the Irrigation Booking Clerk shall hand over all the parchas of that village to the Lambardar for distribution to the cultivators within four days of their receipt by him any obtaining the cultivators’ acknowledgment of Canal Revenue Form No. 13 (Receipt) (Taqsim Parcha).  The Irrigation Books Clerk shall take the Lambardar’ dated receipt for the number of parchas on prescribed form (Receipt of Lambardars for demand slips).

On completion of distribution of parchas to all Lambardars in his halqa, the Irrigation Booking Clerk shall hand over all the Lambardars receipts personally to Ziladar who will send them for record to the Divisional Canal Revenue Office.  

10.  Form H reduction of demand.  A separate statement Form II will be prepared also in Punjabi for each village, showing in detail all free grants and all remission from full water rates authorized by the Executive Engineering on account of short supply, flooding, escape irrigation, etc., prior to the completion of the demand statements.  Reductions in the demand due to modifications of area or classification which may be made before the completion of the demand statements will not, however, be shown in form No. 11, as the necessary corrections will be made in the details entered in Forms I and I-A, Form II will also show the reductions in the amount of fees payable to Lambardars due to the free grants and remissions entered in the form.

11.  Deductions will be shown in the Khataunis.  The gross or total demand for each village, the total net demand and the net amounts payable to Lambardars will be entered in Form I-A in English figures as well as vernacular.  The total amount of deductions shall similarly be shown in form II in English and vernacular figures.

12.  Form III.  Simultaneously with the dispatch of Punjabi Forms I-A and II a statement for each tehsil in Form III will be forwarded by the Executive Engineer to the Collector, for each the original gross demand the authorized deductions as shown in Form II, the net demand to the collected and the amounts payable as fees to the Lambardars.

Collection of Canal dues will be made by the Collector strictly in accordance with the statements of demands furnished to him by the Canal Executive Officer in Form No. III.

The Executive Engineer when sending in Form III will at the same time sent in an abstract of fluctuating land revenue and malikana assessed by the Canal Department in the form appended to Form III-A to the Superintending Engineer who will then send this abstract for each district to the Commissioner, the latter sending a copy to the Financial Commissioner’s office where the demand will be checked with the tauzi.

The following dates are prescribed for the submission of the abstracts in the form appended to Form III-A to the Commissioners and the Financial Commissioners:-

B –Lambardars’ fees for collection of occupiers’ rates

13.  Allowances to Lambardar.  The allowance to Lambardars or other persons collecting occupiers’ rates from cultivators shall be 3 per cent on the amount collected or at such rate which may be sanctioned by the Government from time to time.

14.  Conditions of allowances.  The right to claim to above allowances will be conditional on the demand being paid in full for each estate by the date fixed by the Financial Commissioner as well as on all duties connected with the assessment being discharged by the Lambardars to the satisfaction of the Canal Officer.  Among legitimate grounds for dissatisfaction may be mentioned absence at the time of final measurement of the crops without deputing a substitute and concealment of irrigation which may be discovered subsequent to the final measurement.  In the event of the Lambardar’s duties in connection with the assessment not being satisfactorily discharged, the Canal Officer may order a retrenchment (which should ordinarily not exceed 50 per cent of the gross amount otherwise due) of the fees, leaving 50 per cent to be retrenched by the Collecting Officer in the event of delay in the payment of the demand.  But the whole amount of the fee may be retrenched by the Canal Officer in cases of concealment of irrigation or of persistent failure to attend the measurements.

Note. –In the case of special charges imposed on areas watered from cuts in canal banks, the last date for the collection of these charges shall be the date on which a period of 30 days counted from the date of which the khataunis are sent the Lambardars, expires.

15.  Collectors, powers as to confiscation of allowances.  Collectors have absolute discretion with regard to the confiscation of Lambardars’ fees on account of late collections.  When the collections in any village are in arrears the Collector may order the forfeiture of the fees of the defaulting Lambardar only, and not necessarily of all the Lambardars.  He has also discretion when any Lambardar is late in his payment whether he will confiscate that Lambardar’s fees or not, and if he decides to confiscate them whether he will confiscate them in which or only in part.

16.  Appeals as to confiscation of allowances.  An appeal against retrenchments of Lambardars’ fee made by the Collector as collecting officer shall lie to the Commissioner of the Division, if preferred within sixty days from the issue of the order making the retrenchments.  In cases when the retrenchment has been made by the Canal Officer and appeal shall lie to the Superintending Engineer within the same limit as to time.

17.  Record of retrenchment of allowance made by Executive Engineer.  Before forwarding to the Tehsildar the demand statements (Form I-A), referred to in paragraph 6 above, the Executive Engineer shall enter on each the gross amount of the Lambardar’s fees and amount sanctioned by the Canal Officer, with full details of the retrenchments made and the names of the Lambardars from whom fees are to be withheld.  For the correctness of these retrenchments the Executive Engineer will be responsible but for retrenchments on account of any delay in collection (see paragraph 15) the Collector will be responsible.

18.  Payment of and receiver for allowances.  The fees will be paid by the Civil Officer who collects the water rates but will form a charge against the Canal Budget.

The Lambardar will show in his Arzirsal the gross amount due, but will present only the net amount and with it his receipt for the fees claimable.  The Tehsildar will give a receipt in full for the gross amount where will be credited to the Public Works Department and will charge the fees, as paid, to that Department supporting the charges with the lambardars’ receipts after noting thereon the date of issue of the demand statement and the harvest on account of which the demand was made.

19.  Form No. VI and consolidated receipt for allowances.  The receipt for lambardars’ less paid during the month should be forwarded by the Collector to the Executive Engineer early in the following month attached to Form VI (see paragraph 41 below) and accompanied by a memorandum showing the total amount.  This will represent the payments charged in the Treasury accounts up to the end of the month concerned.  It is now possible for Lambardars to remit canal revenue by money order, and as the money-order forms have a coupon attached as a form of receipt, it will no longer be necessary for them to attend at the Tehsil to sign receipts.  These coupons can be forwarded by the Collector to the Executive Engineer.  The Executive Engineer after duly checking the payments will grant the Collector a consolidated receipt for the aggregate amount of vouchers i.e. (receipts and money-order coupon) on account of Lambardars’ fees shown as paid by the Treasury Officer during the month and the Collector will send this consolidated receipt without delay to the Treasury Officer.  The amount will be checked in the Accountant-General’s office on receipt of the treasury accounts which will be accompanied by the consolidated receipt as voucher for the charge.  The Executive Engineer will, so far as the Collector is concerned, accept all sums for which receipts are forwarded.  If any of them appear objectionable he will still include them in the consolidated receipt, but will note them for recovery.  The amounts so noted when they do not represent payments in excess of the amounts previously sanctioned by the Executive Engineer will be included by the Collector in the amount entered as ‘Retrenched by Canal Officer or Collector’ in Form No. VI for the month in which the amounts are noted for recovery while the recoveries will in all cases be shown by him as minus entries in the columns headed ‘paid during the month’ in Form VI for the month in which the recoveries are made.  The consolidated receipt which will be for the net amount entered in the column headed ‘paid during the months’ should be forwarded with as little delay as possible after receipt of the original vouchers.  A memorandum acknowledging the numbers received should be given at once to save any chance of disagreement.

20.  Collectors’ responsibility for allowance disallowed.  For the recovery of fees to which objection has been made by the Executive Engineer (see paragraph 19) the Collector will be responsible, as also for any payments disallowed by the Accountant-General.  If on appeal the Executive Engineer’s order be reversed and a refund directed the refund will be made by the Executive Engineer in cash, or by cheque on the tehsil.

IV –Remissions of Demand

A –Occupiers’ rates and Land Revenue when the Assessment of fluctuating Land Revenue is carried out the Irrigation Department

21.  Free grants of water supply can be made by the State Government alone with the exception of the provisions already exists in rule 10 of the Northern India Canal and Drainage Act, 1873.

22.  Claims for remission of occupier’s rates fall under heads:-

(a)  The may be due to failure of the water supply or to the action of the Irrigation Department.

(b)  They may be due to causes beyond the control of either the Irrigation Department or the cultivator e.g. hails, locusts, etc.

(c)  They may be due to causes taking effect after the crop is cut e.g. when the cultivator absconds or becomes bankrupt or when the crop is destroyed by fire at the rick.

23.  It is only under (c) in paragraph 22 above that the claims will be dealt with by the Collector, who will, when balances are found to be irrecoverable owing to want to assets, absconding of defaulters or any other cause report the matter to the Commissioner.  The latter, if he sees fit, will forward each case to the Financial Commissioner for such action as may be necessary under the orders of Government.  All remissions made in consequences of such action shall be reported by the Collector to the Executive Engineer in Form VI and will be treated as a reduction of the demand, paragraph 40.

24.  Objections to the demand on the score of:-

(a)  failure of the water supply, or the action of the irrigation Department e.g. in correct measurement or classification, or

(b)  causes beyond the control of the Irrigation Department or the cultivator (e.g. failure of crops owing to locusts, hails, etc.)

should be addressed to the Canal Executive Officer or to such of his subordinate officers as may be authorized to receive such objection.  An objection of this kind may be addressed either to a Canal or Revenue Officer or addressed to a Revenue Officer subordinate to the Collector, he shall forward it at once to the Collector, who after recording such remarks as he may think necessary, will send it to the Canal Executive Officer for disposal.

25.  When a Lambardar or other person is responsible under Sections 46 and 47 of Act VIII of 1873 for the payment of the occupiers rates objections to the demand may be lodged by such Lambardar or contractor, instead of by the cultivators and refunds ordered in consequence of such objections shall be paid to such Lambardar or contractor on account of the cultivators concerned, as provided in rule 71 of the Rules under the above Act.

Objections of the kind referred to in paragraph 24 are of five classes as follows:-

(I)  Objections to demand on account of failure of crop on particular channels

26.  In case of remissions for failed crops of occupiers rate and of fluctuating nahri and chahi nahri land revenue also where the assessment of such land revenue is carried out by the Irrigation Department the following instructions apply.-

A.  Remission on account of failure or stoppage of supply etc.  Claims for remission from failure or stoppage of supply or from causes other than those mentioned in Part C and paragraph 29 below shall be presented to the Divisional or Sub-Divisional Canal Officer or Deputy Collector as soon as possible in every case before the crop is cut.  If the claim is admitted, the Divisional Canal Officer may remit to the limit of Rs. 200 in each individual case provided that the aggregate remissions of occupiers’ rates for any revenue estate do not exceed Rs. 400.  The unit of remission in such cases will be the field number.  If the area affected is a large part of a revenue estate, claims for remissions may be made by the headman concerned either to the Deputy Commissioner or to the Divisional Canal Officer.  Either of these officers to whom a claim is made shall consult the other as to the necessity for granting remission and if they are both agreed that remission should be granted, then such remissions may be granted without further sanction up to a limit of Rs. 20,000 for each estate.  If the Deputy Commissioner and the Divisional Canal Officer are not in agreement or if the amount to be remitted exceeds Rs. 20,000 the case will be referred to the Commissioner, who will deal with it as indicated in paragraph 29 (ii).  In such cases, the views of both the Deputy Commissioner and the Divisional Canal Officer and the reasons for them should be forwarded to the Commissioner to enable him, and if necessary higher authority to arrive at a decision.  The Deputy Commissioner is at liberty to direct his staff to make such inspection of canal irrigation crops as he thinks fit.

Remissions under this part are only admissible if there has been a complete failure or destructions of a crop due to causes beyond the control of the cultivator.  If the failure is so nearly complete that it is believed that the outturn is less than a 25 paise crop, it shall be treated as complete.

B.  Remissions of fluctuating land revenue for failed crops on nahri and chahi nahri areas where the assessment of such land revenue is carried out by the Irrigation Department will be given according to the local rules in force as sanctioned at settlement or subsequently modified under due authority.

The assessment of mixed crops not specially classified in the schedule will be made according to rules 23 and 24 of the rules issued under the Northern India Canal and Drainage Act, viz:-

Charge for mixed crops.  Mixed crops which have no specific name in the schedule of occupiers’ rates shall be assessed at the highest rate leviable on any one of them.

Charge for crops grown separately in the same field.  Crops grown separately in the same field shall be treated as mixed crops, unless the division between them has been clearly marked by a well-defined ridge.

(II)  Objections to Occupiers’ rate preferred under Rule 70 made under Act, VIII of 1873, and based on alleged incorrectness of entries in Canal Khasrah

27.  Incorrect entries.  Under this head are included all objections on the ground of wrong measurement or classification or that the land in question had not received canal water, or had been irrigated by lift and not by flow.

(III)  Objections to special charges assessed under Part V of the Rules made under Act VIII of 1873 or objections to demands based on a claim to special exemptions under part V of the said

Rules.

28.  Remission of special charges.  Under this head are included inter alia all objections to special charges for unauthorized irrigation or waste of water, and all claims to a reduction of the demand for irrigation affected from escapes.

Objections of classes II and III except those relating to special charges for unauthorized irrigation and waste of water may be presented to the Divisional or Sub-Divisional Officer or Deputy Collector or Ziladar, but must lodged within 21 days of the date of delivery of the measurement purcha to the cultivator, or Lambardar of the village as directed in paragraph 9 or if no such purcha has been delivered, within ten days of the date on which he first became acquainted with the claim against him and should be accompanied by the purcha or demand slip when one has been received.  The objections must be investigated with 15 days of receipt and promptly decided and orders will be passed by the Divisional Canal Officer, or by the Sub-Divisional Canal Officer or Deputy Collector. Such orders will be communicated at once to the complaints and will be subject to appeal to the Commissioner.

In the case of special charges levied for wastage of water an appeal from the orders of Divisional Canal Officer shall lie to the Collector of the District and in the case of unauthorized irrigation to the Commissioner.

(VI)  Objections to demand on account of wide-spread recognized calamity

29.  (i)  Remissions for damage from hail etc.  (i)  In the case of failure of crops caused by hail, severe dust storms, extensive flooding, rats, locusts and other insect pests, claims for remission or occupiers’ rate shall be presented to the Divisional Canal Officer by the cultivators concerned or by Lambardar of the village.  The Divisional Canal Officer having himself, or in consultation with the Deputy Commissioner decided that the Damage was not so extensive as to make field to field inspection impossible such inspection will be carried out.  In such cases if it be found that the crop is:-

(a)  more than 25 paise but less than 50 paise then half may be remitted.

1. less than 25 paise the whose may be remitted.

(ii)  Remissions for widespread calamities before the crop is cut.  In the case of wide-spread calamities such as damage to wheat by disease, to cotton by bollworm, or other disasters of a wide-spread nature, where field-to-field inspection is not practicable claims for remission of occupiers’ rates must be presented to the Divisional Canal Officer or the Deputy Commissioner by the cultivators concerned or the Lambardar of the village and before the crops is cut, but it will also be open to these officers to initiate of their own motion proposals for the grant of remission.  If these officers are agreed that remission should be granted and, if the total remissions are not likely to exceed Rs. 50,000/- in any Canal Division, remission may be granted without further sanction.  If remissions are likely to exceed this sum, or if Deputy Commissioner and Divisional Canal Officer are not in agreement as to the necessity for granting remissions or as to the rate of remission to be granted the case will be referred to the Commissioner of the Division who will consult the Superintending Canal Officer.  The reference should be in considerable detail, particularly in the event of disagreement between the Deputy Commissioner and the Divisional Canal Officer, and the views of both officers with reasons, fully given.  If the Commissioner and the Superintending Canal Officer are not in agreement a further reference will be made to the Financial Commissioners who will consult the Chief Engineer and if there is further disagreement the case will be referred to the Government for orders.

The Commissioner and the Superintending Canal Officer, if in agreement can grant remissions up to two lakhs of rupees without further sanction, and the Financial Commissioner and the Chief Engineer, if in agreement, can grant remission up to any amount which they deem to be necessary.

If it is believed that the average crop over a considerable area is:-

(a)  more than 25 paise but less than 50 paise crop half may be remitted.

(b)  less than 25 paise crop, the whole may be remitted.

The unit may be a block of estates or portions of estates.  The method to be followed shall be decided in each case in consultation with the Deputy Commissioner.

(iii)  Remissions for a wide-spread calamities which only come to light after the crop has been cut.  In the case of wide-spread calamities which only come to light after the crops has been out, the Revenue and Canal Officers working in consultation, shall fully investigate the facts of the calamity and submit a detailed report of the circumstances to Government whose specific orders will be necessary before any remission at all is granted.  The report should made as close an estimate as possible of the amount of damage expressed in terms of paise in rupee, to the particular crop concerned taken over the whole of the revenue estate and not only over the fields in which damage has occurred.  Such calamity may affect a particular crop only but, so far as that crop is concerned it may be general over contiguous areas, or may affect some fields and not others although the total extent of the damage is large.

Notes. –(a)  Where there are two schedule of occupiers’ rates on a canal this implies that a normal or 100 paise crop is an estate subject to the lower schedule yields a smaller outturn than a normal crop in any estate subject to the higher schedule.

(b)  A normal crop should be regarded as one giving a yield equal to that adopted by the Settlement Officer for that crop in framing his half net assets estimate.

The above instructions also apply in the case of fluctuating land revenue when it is assessed on sown areas by the Irrigation Department.

(V)  Objections to ordinary charges for canal water other than water-rates e.g. charges under Canal Act Rules 11, 12, 13 and 14

30.  Claims when to be admitted.  Claims for remissions of ordinary charges, other than occupiers rates, payable for the use of the canal water, shall be admitted only on proof of actual loss caused by the stoppage of supply on proof of such loss, the whole or any portion of the charges may be remitted as herein before provided.

31.  Appeal.  If a claim for remission or ordinary charges other than occupier’s rates be rejected by the Divisional Canal Officer, the claimant may prefer an appeal to the Superintending Canal Officer.

32.  Communication of remissions to Collectors.  Orders for the remission of demands will as directed in paragraph 36, be communicated by the Executive Engineer to the Collector in Form II (see paragraph 10).

B –Lambardar’s Fees

33.  In such cases Form II will also show the reductions to be made in the Lambardar’s fees in consequence of the reduction in the demand.  If the amounts remitted have not been paid in the Lambardar’s fees will be reduced proportionately, but if they have been paid prior to the receipt in the Tehsil of Form II, the amount shown for reduction from the lambardar’s fees shall not be recovered unless the remission is given in the form of a reduction, of the demand of the harvest following.  In that case the Lambardar’s fee will be calculated on the amount of the demand actually paid in the following harvest, but if the remission is made by way of refund in cash the Lambardar will not be required to make a refund of his fee.  Intimation of the items on which refunds have been ordered and of the amounts of the Lambardars’ fees that have been disallowed in respect of them would be given once a month by the Collector to the Executive Engineer, to enable him to cancel the orders for the reduction of the fees.

V –Alterations of demand subsequent to completion of Demand statement

A –Additions to the Demand

34.  When, after the submission of the demand statements for any harvest any additional demand for that harvest is found to be realized under the heads for which demands are formulated by the Canal Department the Khatauni in Form I-A and demand statements in Form III or III-A applicable to the canal will be prepared as directed in paragraphs 6 and 12.  These Khataunis and demand statements, however will not, except in special cases by arrangement between the Executive Engineer and Deputy Commissioner, be forwarded to the Tehsildar and Collector respectively, as soon as prepared, but will be retained by the Executive Engineer until the dispatch of the Khataunis and demand statements of the next succeeding harvest with which they will, subject to the provision of the next paragraph, be forwarded.  In all accounts the demands entered in these supplementary khataunis and demand statements will be treated as part of the demand of the harvest with the Khataunis and demand statements of which they are under these orders forwarded.

35.  No supplementary demand amounting to less than Rs. 10/- in the case of any individual shall be enforced.  If a supplementary village demands statement includes any such item it shall be struck out.

No Supplementary demand statement amounting to less than less than Rs. 50/- in the case of any individual village, whether for occupiers’ rate (Form III) or, where such demands are assessed by the Canal Department for the total demand for land revenue, malikana and canal department for the total demand for land revenue, malikana and canal advantage rate (Form III-A) shall be forwarded for collection.  The Executive Engineer on receipt of village khataunis for sums less than Rs. 50 shall cancel the demand.

No supplementary statement shall be sent in more than one year after the date fixed for the forwarding of demand statements.

This rule does not apply to punitive rates charged for water used without permission or in an unauthorized manner or suffered to run to waste.

B –Remission of Demand

36.  When, after the submission of the demand statements, for any harvest, a reduction of the demand intimated is found necessary under the heads for which demands are formulated by the Canal Department, statements in Forms II or II-A (as applicable) will be prepared in the Punjabi and an abstract showing village totals only, in English.  The statements will be forwarded at once to the Tehsildar and Collector, respectively.  On receipt the Tehsildar shall, within one week, report to the Collector:-

(1)  the amount admitted in any village and not already collected (without regard to the individual to whom remission is due).

(2)  the amount already collected.

The collector will inform the Executive Engineer: -

(i)  The former amount will be deducted from the balance shown in Form VI by the Tehsildar and Collector.

(ii)  The amount remitted which cannot be adjusted in the manner shall be deducted in the khataunis Form I–A and demand statements III or III –A of the next harvest by the Executive Engineer before dispatch to the Tehsildar or Collector.

37.  (a)  Amount, the remission of which is sanctioned more than four months after the latest date for the dispatch of khataunis and demand statements of the rabi for the Kharif (i.e. after the dates given in paragraph 7 shall be presumed to have been collected and action shall be taken under (ii) of the preceding paragraph only and not under (i), except by special arrangement between the Collector and Executive Engineer.

(b)  No remissions on account of occupier’s rate or where such demand are assessed by the Canal Department of the total demand for land revenue Malikana and canal advantage rate shall be given, which does not amount to Rs. 10 in the case of any individual.  Such petty Remissions shall be struck out of the statement Form II or II –A by the Executive Engineer.

38.  In the case of remissions for which the sanction of the Superintending Engineer is required under paragraphs 26 and 29, the Executive Engineer will forward his office copy of Form II in English containing Details of the remissions to the Superintending Engineer for countersignature and return, and the remission shall not be intimated to the Collector until such sanction is obtained.

39.  Cesses will be added or remitted in the cases in which the demand upon which they are charged is added or remitted, respectively.

VI –Return of realizations and irrigation credits etc.

40.  Submission of Form VI (Realization) by Collectors.  A monthly return in form VI will be forwarded by the Collector to the Commissioner and the Financial Commissioners and each Canal Executive Officer for whose division he collects water-rates, on the first of the succeeding month, or as soon after that date as possible.

In this return will be entered, as demands received during the month, under paragraph 36(ii), together with any that may have been authorized in the Revenue Department (see paragraph 23) will be shown as reductions of the demand, whether the amounts remitted in the former case have been actually collected or not, and on the other hand, the total of the amounts refunded by the Collector during the month will be shown as additions to the demand.

The return will be accompanied by a statement giving details of the refunds as directed in paragraph 33.  Details of the reductions of the Demand authorized in the Revenue Department during the month will also be shown in the return, the case of remissions and the authority being entered in the column prescribed for that purpose.

In the monthly return, in form VI for the month ending 31^st March and 30^th September, The Collector will indicate the year wise break up of the previous arrears, recoverable and irrecoverable, separately along with the details of amount under suspension and remission in the prescribed form.

41.  Return of land revenue to be credited to the Canal Department.  A return is made by the Financial Commissioner to the Chief Engineer, Irrigation Works, ever half-year showing the amount of land revenue of which the Canal Department is entitled to take a book credit in its accounts.  The Collector of each district named in the statement below (Appendix-B) should submit to the Financial Commissioner, a return in the form given, half-yearly as soon after September 30^th March 31^st as possible.  The return should show the actual collection after deduction of suspensions and remissions on account of the demand to a credit of which the Canal Department has been declared to be entitled.  Collections on account of arrears should be included, and also land revenue enjoyed by Ziladars, inamdars or Jagirdars or remitted on muafi lands of which but for its being assigned the Canal Department would have been entitled to take credit.  Separate details of khalsa and assigned need not, however, be given.  The form gives all necessary instructions as to the credits to be allowed.

42.  Sale proceeds of waste or other lands not belonging to irrigation works but directly benefited by their construction.  In accordance with the Government of India, Public Works Department Irrigation Resolution No. 53-A, I, dated 20^th June, 1889, 4 per cent on the amount realized by the sale or grant of lands directly benefited by the Major Irrigation Works was credited as indirect revenue of these works and this rate continued to be applied to sale-proceeds realized before the end of the financial year 1920-21, but according to the Government of India Public Works Department latter No. 128-I, dated 11^th March, 1921, to the Secretary to the Government of Punjab, Public Works Department, Irrigation Branch, in the case of realizations, after that date whether from existing or new projects, the rate of interest at which credit will be made annually to the project concerned shall be that at which the local Government is actually paying interest in respect of expenditure incurred on the work during the year in question, as defined, in the case of interest payable to Government of India, in Rule 24(a) (b) of the Devolution Rules framed under Section 45-A of the Government of India Act.

Statement showing the amounts realized by the sale of Government waste or other Government lands not belonging to but directly benefited by the construction of Major Irrigation Works during the year ending 198-

Notes  (1)  Amount realized by sales or leases to the Irrigation Department itself should not be included in this statement.

(2)  In column No.7 (sale of town sites) half of the realizations to be taken into account.

(3)  Copies of yearly statements should be sent by the Deputy Commissioners to the Superintending Engineers of the Canal concerned on the 15^th December, each year.

Deputy Commissioner

Copies of the half yearly and monthly statements should be sent by the Deputy Commissioners to the Superintending Engineers of the Canal concerned.

STANDING ORDER

[Canals –No. 61]

Appendix B (vide paragraph 41)

Return of land revenue of which the Canal Department is entitled to take a book credit in its accounts for the half year ending 198 ______.

 

 

(1)  (a)  Enter in column 5 for Amritsar, the amount of nahri-parta, viz. Rs. 340, 346 to be given in two installments.
(b)  For Gurdaspur enter a fixed credit of Rs. 36,921 to be given in one instalment viz. 31st March.

(2)  Enter the nahri-parta.

(3)  (a)  Ludhiana: Enter the nahri-parta, viz Rs. 22,900 in two instalments.
(b)  Ferozepur: Enter the nahri-parta viz. Rs. 1,43,500 in two instalments viz. 31st March.

(4)  Enter in column 6 three-fourths, of the fluctuating land revenue on nahri crops for the term of settlement from Kharif 1922.

(5)  Ferozepur:  In column 6 the amount of canal advantage rate (khush Hasiyati) assessed on the matured area, irrigated by the Eastern Canal in the Ferozepur District should be entered.

 FORM NO. SHUDKAR KHASRA (VERNACULAR FORM NO. 2-A)

Name or number of outlet__________, Distance mark__________, Bank _________, Distributory,________,  Village ________, Hadbast No.________, Tehsil_________, District ________, Canal_________, Division________, Fasl________, 19--.

 

This Form is used on the Western Jamna, Sirhind and Upper Bari Doab Canals (proprietary villages).  

FORM NO. I-A-KHATAUNI (VERNACULAR FORM NO. II-B).

Demand statement for area irrigated by ________, Canal Division ________, Distributory_______, Section ___________, Village__________, Hadbast No. _________, Tehsil _______, District ________, Fasl _________19-.

This Form is used on the Western Jamna, Sirhind and Upper Bari Doab Canals (proprietary villages)

FORM NO. II-D  

Hadbast No. _________,Khatauni ________,Division _______Distributory ________,Section _______, Village ______, Tehsil_______, District _______, Fasl _______, 19 _________.

 

 

STANDING ORDER

[Canal-No. 61.]

FORM No. I.B. –PARCHA (VERNACULAR FORM No. 8-B)

Parcha Khatauni No __________, Distributory ________, Chauki_________, Village _____________, Tehsil ____________, District __________, Canal _______________, Division _________, Fasl _____ 19 ___  .

 

This Form is used on the Western Jamna, Sirhind and Upper Bari Doab Canals.

Signature of Patwari ____________
Date _________________________

Note.  Any complaints against khasra entries shall only be heard if lodged within 21 days of the date on which parchas were distributed. –vide Rule 70 of the Rules under the Act.

FORM NO. II –(VERNACULAR FORM NO. 33-A)

Register of reductions from water-rate and from fees payable to Lambardars authorized in the Irrigation Department on account of the Fasl _______ Sambat ________ corresponding with year ________ Division _______, Canal ________ , Tehsil ________ District _________

This Form is used on all Canals.

FORM NO. III-(VERNACULAR FORM No. 33-C)  

Statement of demands for water-rate and of fees payable to Lambardars in ___________ District for irrigation during Fasl _________, Sambat ___________, corresponding with the year 19-------, Division __________, Canal ___________, Tehsil __________, District _________

This Form is used on all Canals

Abstract of Fluctuating Land Revenue Demand (including Malikana) assessed by the Canal Department, ______________ District. 

FORM NO. VI  

Statement showing the Water-rate/owners/rate/Abiana and Tubewell realized in District on account of the __________ Division ___________ Canal, during the month of ____________ 19 ___________ .

 

Year-wise break-up of balance of demands remaining for realization along with details of amounts under suspension/remission at the end of March/September, 19___________ 

Fee to Lambardars