Punjablaws.punjab.gov.pk

RULES ISSUED UNDER CANAL AND DRAINAGE ACT,VIII OF 1873
CONTENTS
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100.
RULES ISSUED UNDER CANAL AND DRAINAGE ACT,VIII OF 1873
1. Orders for construction and maintenance of works.- The order which a Divisional
Canal Officer may issue under section 18 shall be in writing, and shall be served on the persons concerned or their representatives in the manner prescribed in rule 79-A to 79-I, inclusive.(Amended vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 2. On objection, Procedure for Superintending Canal Officer.- (1)In case(s) fal ing under
section 20, the Divisional Canal Officer shall announce his decision to the parties interested, and within 30 days from the date of such announcement any person aggrieved by such decision may file an objection thereto in writing before the Superintending Canal Officer.
(2) The objection before the Superintending Canal Officer shall be dealt in accordance with the rules 80 to 102 specified for the appeals/references and the procedure as prescribed therein, provided further that notice of 15 days shall be given in case of hearing of the matter in objection. (Substituted vide Notification No.SO (REV) I&P/3-98/2007 dated 13th August 2007). 3. Omitted. (Vide Notification No.SO (REV) I&P/3-98/2007 dated 13th August 2007).
4. Opening of new water-courses:- Water shall not be admitted into any new water-course
until all works necessary for the passage across such water-course, or water-courses, existing previous to its construction, and of the drainage intercepted by it and for affording proper communications across it, for the convenience of the neighboring lands, are completed to the satisfaction of the Divisional Canal Officer.
5. Rule 5 is omitted, and the following Note stands in its place:- “Water wil be given to a
vil age, and not to individual applicants,”
Note: This rule is not required for the lower Jhelum Canal and for Chenab in inundation
Application of water.--- all applications for water or for the constructions are improvement
of water-course under Part-III of the Act, shall be in the form prescribed in appendix No.1.
6. Limit of length of water-courses:- Water shall not ordinarily be granted to lands where
the length of the water-course from its head to its point of contact with the fields exceeds two miles.
7. Apprehended wastage:- A supply of water shall not be granted where, in the opinion of
the Divisional Canal Officer, loss from wastage is likely to occur. From this decision an
appeal may be preferred to the Superintending Canal Officer.
7-A
Omitted (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 8. Sanitary reasons.- The Divisional Canal Officer shal not engage to grant water in the
For the irrigation of any kharif crops upon lands within one mile from the outermost houses of any town, if such irrigation be objected to by the municipal committees (or, if there be no municipal committee, by the Col ector), and the objection is approved by the Superintending Canal Officer and the City District Government of the District. Should these officers differ in opinion; the question wil be referred to Government in the Irrigation Department, whose decision shall be final.
When the Provincial Government has, by a notification in the official Gazette, declared that the irrigation of certain crops within a specified distance from the boundary of a cantonment ought not, on sanitary ground, to be permitted, no engagement for a supply of water shall be made against the terms of such prohibition. (Amended vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 8A.
8B.
Every supply of water shall be deemed to be given subject to the condition that the water shal not be used for the cultivation of any particular kind of crop in any particular locality in which the use of canal water for that kind of crop has been prohibited by the Local Government on sanitary grounds by a notification in the official Gazette. When, however, the right to impose this prohibition is exercised in regard to existing cultivation, the occupiers shall be entitled to such compensation, if any, as the Provincial Government may think just.
9. Already cancelled I.B. Notification No.1199-R.L, dated 20th August 1928.
10. Filling of tanks for watering cattle.- Tanks may, subject to the fol owing provisions, be
filled with canal water without charge, and without reference to the area irrigated in any vil age, whenever water can be made available without injury to the cultivation dependent on any canal:-(1).
Except as provided in rules 12 and 12 (A), no tank shal be so filled unless exclusively used for domestic purposes, for watering cattle or for the manufacture of bricks not subsequently burnt in a kiln, or for pise wall building.
The lambardar of a village, in which there are one or more tanks for which a supply of canal water is desired, shall submit an application to that effect to the Divisional or Sub-Divisional Canal Officer, in which the number, names and approximate general dimensions of the tanks for which water is desired shall be stated. The Sub-Divisional Canal Officer, on receipt of the application and after any further enquiries that he may deem necessary, shall pass an order stating the number and names of the tanks to which canal water may be supplied, whenever it can be made available without injury to the cultivation dependent on the canal, and subject to the following provisions. A written license in the terms of this order shal be given to the applicant, and shall remain in force until revoked by a written order of the Divisional Canal Officer.
Tanks shall be fil ed at such times as may be directed by the Divisional or Sub- Divisional Canal Officer either by a general or by a special order. If it is desired to fill a tank at any other time, a written application shall be made to that effect. The filling of tanks shall be permitted only at such times and to such extent as the Divisional or Sub-Divisional Canal Officer may approve.
No tank shall be so filled which by intercepting any line of drainage is liable to overflow from an accumulation of water derived from natural sources.
No tank shall be so filled when the water-course used to fil it, is in the opinion of the Sub-Divisional Canal Officer, in an unsound or unfit condition to carry the supply.
The privilege afforded by clause II of this rule may, in addition to any penalty which may be incurred under the Act, be suspended for twelve months for breach of any of the foregoing provisions under a written order of the Divisional Canal Officer passed on a regular proceeding and enquiry in each case. From such order an appeal shall lie to the Superintending Canal Officer.
In cases in which tanks have been filled without license prescribed in clause II, or during the suspension under clause VI of the privilege afforded by such licenses, or in which tanks for which licenses have been granted have been fil ed at times other than those prescribed by the Divisional or Sub-Divisional Canal Officer under clause III, the water so admitted into such tanks may be charged for at such rate, not exceeding the rate for the time being in force for water supplied in bulk as the Divisional Canal Officer may in each case direct. Against such charges an appeal shall lie to the Superintending Canal Officer.
10-A. Tanks outside the Irrigation boundary may also be filled with canal water for partly
domestic purposes, on sanction by the Chief Engineer, under such conditions as may be laid down, in each case. (Rule 10-A applies to Rangpur and Haveli Canals).
11. Contracts:- The Divisional Canal Officer, with the previous sanction of the Superintending
Canal Officer, is empowered to make contracts for the supply of canal water for purposes other than irrigation, not specified in schedule of rates, for any term not exceeding one year. For terms of exceeding one year the previous sanction of the Provincial Government shall be necessary.
12. Charges for water used for purposes other than irrigation.- Tanks may be fil ed with
canal-water for purposes other than those stated in clause I of rule 10; such water will be
charged for at rates and subject to conditions to be determined by the Provincial
Government in each case.
12-A. Irrigation may also be carried on from tanks, provided the previous sanction of the
Sub-Divisional Canal Officer be obtained. The usual rates will be charged for such irrigation.
13. Water supplied to cantonments, towns, etc. When water is supplied to forts or other
military buildings, i.e. cantonments, civil stations, cities, towns, railways, public gardens or other places of public resort, either by fil ing of tanks or by direct flow contracts, at special rates, may be accepted by the Divisional Canal Officer with the previous sanction of the Provincial Government.
14. Water Power:- The use of water power may be granted by the Divisional Canal Officer at
such rates and under such conditions as may be sanctioned by the Provincial Government in each case.
15. Tatils.- Divisional Canal Officers are empowered, for purposes of administration, repairs
and maintenance, to order the closure of any water-course for periods which shall not
extend beyond 12 consecutive days. For longer closures the authority of the
Superintending Canal Officer is required.
15-A.- Divisional Canal Officers are empowered to order the closure of any water-course
situated within municipal limits, for a period not exceeding twelve days on receipt of a written declaration by the Medical Officer of Health that the water-course is in such defective sanitary condition as to be a menace to public health. For longer closures the authority of the Superintending Canal Officer is required.
16. Orders for closures under rule 15 must be notified either:-
(a).
Such notification or order shall be in writing under the hand of the Divisional Canal Officer, and a copy shall be conveyed by the Canal establishment with due expedition to each vil age concerned, and delivered to the Patwari, or, in his absence, to any Lambardar. The receipt of each person to whom a copy of the notification or order is delivered shall be affixed to a schedule prepared for the purpose, which shall be recorded in the Divisional Canal Office.
It shall be the duty of the Patwari or Lambardar who receives the notification or order above described to affix it at once in a conspicuous position in the vil age and to make its purport general y known.
17. Stoppage of supply in improperly maintained water-courses.- Stoppage of supply of
water to any water-course under section 32(a)(2) may be enforced when a Canal Officer of rank not lower than Sub-Divisional Officer has satisfied himself, by personal inspection, that the water-course is not maintained in proper repair. The order for such stoppage shal be in writing under the hand of the Divisional Canal Officer, and an immediate report shall be made to the Superintending Canal Officer, and such officer’s order shall be final.
18. Report of closures:- Immediate report shal be made to Superintending Canal Officer of
al closures under clause (1), section 32(a).
19.Nothing in the foregoing rules shal be taken to affect the power of a Canal Officer to close
any water-course or stop any supply of water on his own authority in cases which he deems to be of pressing emergency.
20. Remissions.-(1).In case of shortage of supply in a distributary or part thereof, the shortage
shall be examined by a Committee, in each Canal Division, comprising the fol owing:- Where supply of irrigation water is found to be less than 25% of the authorized discharge, the whole of the occupier’s rate shal be remitted in the affected portion, and, in case the supply position is less than 50% but more than 25% of the said discharge, half of the occupier’s rate shall be remitted.
The Committee shall take decision regarding remission of occupier’s rate wherever cal ed for in accordance with sub rule (2).
In case of shortage of supply in one or more canal systems, the state of supply shal be determined by a Provincial Committee comprising the following:- Secretary, Irrigation and Power Department Nominee of the Board of Revenue not below the rank of Secretary Member The Committee shall remit the occupier’s rate in the manner and to the extent mentioned in In case of calamities, such as hail, severe dust storms, floods, locusts, pests, war, etc. in a local area, recommendation for remission shal be made by the Committee mentioned in
sub rule (1) above after such investigation as it may deem fit, and the remission shal be granted
by the Committee mentioned in sub rule (4) above.(Substituted vide Notification
No.SO(REV)I&P/3-98-2003 dated 24th October 2003).
20-A. Who to be deemed “Occupiers”.-
For the purposes of section 36 of the said Act, the following persons shall be deemed to Where the land-owner is in actual cultivating occupancy, such land-owner.
Where the land is in the actual cultivating occupancy of a tenant or sub-tenant, and the rent is not paid through a contractor, the landlord, and such tenant or sub-tenant.
Where the land is in the actual cultivating occupancy of a tenant or sub-tenant, but the rent is paid through a contractor, the landlord, the contractor, and such tenant and sub-tenant.
Where the land is in the actual cultivating occupancy of a mortgagee holding from a landlord, tenant or sub-tenant, such mortgagee and the mortgagor.
In the cases referred to in clauses (b) and (d) of clause I – the landlord and the tenant and sub-tenant, or the landlord, the contractor and the tenant or sub-tenant, or the mortgagee and mortgagor,as the case may be, shall be jointly and several y liable for the payment of the occupier’s rate.
The expressions “land-owner” “landlord” and “tenant” in this rule shall have the meanings respectively assigned to them in the Punjab Land Revenue Act, 1887 (XVII of 1887), and the Punjab Tenancy Act, 1887 (XVI of 1887).
21. Charges for water supply. The charges for the water supplied in the outlet shall be made
on flat rate basis on the occupiers of land on the Culturable Command Area (CCA) forming the basis of sanction of the discharge of outlet, at the rates specified in the Schedule for the time being in force.(Substituted vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003). 22. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
22A. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
23. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
24. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
25. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
26. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
27. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
28. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
29. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
30. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
31. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).
32. Special Charges.- (1) Persons using water in an unauthorized manner, falling within the
ambit of Section 33 of the Act or al owing the water to run to waste, falling within the ambit of Section 34 of the Act, shall be charged a rate up to twenty times the rate prescribed for the crop season in the Schedule of occupier’s rate on the land on which water is used in an unauthorized manner or al owed to run to waste, on each distinct and separate occasion, irrespective of the fact whether or not the area is within CCA or irrigation boundary of the system.
In case of filling of tanks or ponds, the special charges shall be up to twenty times the rate sanctioned in the Schedule for the non-irrigation use. (Vide Notification No.SO(REV) I&P/3-98-2003 dated 24th October, 2003). 33. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003).
33A. Omitted.
34. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003).
34A. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003).
35. Schedule of rates to be accessible to villagers.- The patwari of every vil age irrigated by
canal shall be furnished by the Divisional Canal Officer with a statement in Urdu, showing the rates of assessment per ordinary local and canal measurements, which statement shal be displayed in the chaupal or in a conspicuous position in a place of public resort. The Divisional Canal Officer shal ensure that the Schedule of occupier’s rate is given wide publicity through press, media etc. (Amended vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003).
(Note: Add the words “of each class of produce” in between the words “assessment” and “per” for the Chenab inundation canals.) 36.Omitted.
37. Lambardar’s fee.- The allowance to Lambardars or other persons col ecting water rates,
shall be six per cent , on the amount col ected on condition that full amount due has been paid for each estate within due dates as prescribed by the Revenue Department, and that the Lamberdar has performed his duty connected with the assessment such as personal attendance or deputation of a proper substitute at the time of performance of field work.
Provided that it shall be at the discretion of the Collector or Divisional Canal Officer as the case may be, subject to take appeal allowed by Rule 76 to withhold the whole or part of the al owances prescribed in this rule in the event of the conditions not being complied with. (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 38.[Cancelled]
39. Omitted. (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).
40.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
41.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
42.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
43.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
44.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
45.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
46.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
47.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
48.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
49.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
50.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
51.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
52.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
53.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
54.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
55.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
56.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
57.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
58.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
59.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
60.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
61.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
62.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
63.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).
64. Omitted. (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).
65. Offences under Canal Act triable by Magistrates of the 2nd class.- The Governor -in-
Council is pleased, under section 70 of the Act, to direct that charges or offences under that section shal be cognizable by a Magistrate of the 2nd class.
66.No person, without the permission in writing of the Divisional Canal Officer, shal pass, or
shall cause any animal or vehicle to pass, on or across any of the roads, works, banks or
channels of a canal, or drainage work, after he has been desired to desist there from,
excepting upon such bridges, fords and ferries and their approaches, as are provided by
the Divisional Canal Officer.
66-A. Every person in charge of a vessel navigating the ----(read here the name of river of
the concerned canal such as Sutlej for Mailsi and Pakkpattan Canals, Jhelum for Upper and Lower Jhelum Canals) and wishing to pass the vessel across the canal works at (read here the name of the head of the concerned canal such as Rasul for Lower Jhelum canal, etc.) shall tie up the vessel at a point, if the vessel is proceeding downstream, at such point within the protection works as the Canal Officer may direct, and shall not permit the vessel to proceed further until he shall have obtained the special permission of Canal Officer in immediate charge of the canal works at ---- (name of head of the canal) for the vessel to proceed across the canal works. Such permission shall not be given until the person in charge has prepared his vessel for the passage by lowering masts, breaking up rafts, or doing such other things as may, in the opinion of the Canal Officer, be required to put the vessel in a fit state to pass without damage to the canal.
67. Assessment and realization of occupier’s rates.- The amount demandable for
occupier’s rate shall be determined and apportioned by the Divisional Canal Officer, and the Col ector shal realize the sums due.
68. Khatauni to be accessible to villagers.- The Patwari is responsible that the vil age copy
of the khatauni or demand statement is at all times accessible to any person who pays for canal water.
69. Preparation of bills of occupier’s Village-wise demand statement/ khatauni and
distribution of bills to Lambardars.- After preparation/updating of record of occupiers,
Canal Patwari shall prepare demand statement for each vil age and prepare bil s of Abiana
for each occupier. Khaatuni shall be prepared in triplicate and after prescribed mandatory
checks in Zil adari Sections and Divisional Office, the original assessment statement
(khatauni) shal be submitted in the concerned Tehsil office. One copy of the same will be
kept by the Assessment Clerk in his office. One copy of khatauni wil be handed over to the
Lambardar of the village/chak in advance along with Abiana bil s and his acknowledgement
will be obtained. The Lambardar shall be responsible for distribution of Abiana bills to each
occupier and obtain his dated signature/thumb impression of having received the Abiana
bill. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).
70. Complaints against khasra entries (Section-75). If a cultivator desires to contest the
correctness of the entries made against him in the demand statement, he may lodge a complaint with the Deputy Collector / Sub Divisional Canal Officer/Divisional Canal Officer or Zilladar within twenty-one days of the date on which the Occupier Bills were distributed, or if no Occupier Bill has been delivered either to him or to the Lambardar, within ten days of the date on which he first became acquainted with the claim against him. The complaints, received by the Deputy Col ector / SDCO / DCO , shall be sent to the Zilladar , who shall enter them in Register and after investigation within 15 days of its receipt, submit his report to the Deputy Collector, who after satisfaction of the report of Zil adar, decide the claim promptly and communicate to the complainant. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 71. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003)
72. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003)
73.Provided for in rules 81 & 83.
74. Irrecoverable balances shal be dealt by the Col ector according to the orders of the
Provincial Government under intimation to the Divisional Canal Officer. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 75.Omitted.
76. Appeal against retrenchment of fee.- An appeal against retrenchment of fee against
Lambardar shal lie to the Superintending Canal Officer if fee has been retrenched by Divisional Canal Officer and to the Commissioner if retrenched by the Collector. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 77. Receipts for water-rates.- Receipts shal be given by the Lambardar or other person
making the collection to each occupier/cultivator on payment of occupier’s rate. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 78. General Prohibition.- No person employed on a canal shall, without previous sanction
obtained from the Divisional Canal Officer, have any interest in the distribution or use of water from the said canal, or purchase or bid for, any Government property sold thereon, either in his own name, or in the name of another, or jointly, or in shares with others.
79.(This rule was framed especially for the Dera Ghazi Khan district.)
79-A. Rules regulating the service of summonses and notices and the publication of
Every summons, notice, order, requisition and proclamation which, under the Canal and Drainage Act, 1873, or the rules there under, is required to be served on, or issued, delivered or communicated to any person or published for general information, shall be so served, issued, delivered, communicated or published (as the case may be ) as hereinafter provided.
Every such summons, notice, order, requisition and proclamation shal be drawn up in writing and dated and signed by the officer having authority to issue or make the same.
Every public notice or proclamation shal be issued or made by posting at the office of the officer giving or making the same in such manner that such notice shall be accessible to the public; at convenient places in the locality or near the residence of the persons affected thereby, and by beat of drum or oral proclamation or other customary method.
In addition to (a) & (b) above, it shal be mandatory to get the notice published at the expense of the applicant (s) in two daily Urdu newspapers having a good circulation in the locality. (Amended vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) 79-D.
Every summons, notice, order or requisition which is required to be served on or delivered or communicated to any person shall, whenever possible, be so served, delivered or communicated – personal y on or to the person to whom it is addressed, or failing him, on or to his recognized agent, or failing such agent, on an adult male member of his family usually residing with him.
79-E. If service, delivery or communication cannot be effected, or if acceptance of service,
delivery or communication is refused, the summons, notice, order or requisition may be served, delivered or communicated by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, and by getting the notice published at the expense of the applicant (s) in two daily Urdu newspapers having a good circulation in the locality. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) 79-F. If the summons, notice, order or requisition relates to a case in which persons
having the same interest are so numerous that personal service on each one of them is not reasonably practicable, it shall be published at the expense of the applicant (s) in two daily Urdu newspapers having a good circulation in the locality. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) 79-G. A summons, notice, order or requisition may be served on or delivered or
communicated to the person named therein, either in addition to, or in substitution for, any other mode of service by forwarding the summons, notice, order or requisition by post, in a registered letter addressed to that person.
79-H. When a summons, notice, order or requisition is so forwarded in a letter, and it is
proved that the letter was properly addressed and registered, the officer, authorized to issue or make the same, may presume that the summons was served at the time when the letter be delivered in the ordinary course of post.
79-I. In every case in which service of any process is not affected personal y, the officer
authorized to issue the same shall satisfy himself, by examining the process-service or otherwise that such service has been duly affected in the manner required by these rules.
80. Interpretation.- In the fol owing rules the expression “the Court” denotes the officer to
whom in the particular case an appeal may be preferred under the provisions of the Act, or the rules made there under for the time being in force.
81. No appeal, except when expressly given.- No appeal shal lie from any decision or order
given or made under any provision of the Act, or by the rules made thereunder and for the time being in force.
82. Period for appealing.- The period for presenting an appeal shall be thirty days unless any
other period is expressly prescribed, and in the latter case the period so prescribed.
Extension of time.- But any appeal may be admitted after the period prescribed when the appellant satisfies the court that he had sufficient cause for not presenting the appeal within such period.
If the period prescribed expires on a day when the court is closed, the appeal may be presented on the day that the court reopens.
83. Calculation of period.- The period prescribed shal be calculated from the date of
communication of the decision or order appealed from, and in computing such period, the day when the decision or order is communicated and the time requisite for obtaining a copy of the decision or order appealed against, shall be excluded.
84. Form of appeal.- The application for admission of an appeal be stamped in accordance
with the law in force relating to court-fees, and shall be accompanied by a copy of the decision or order appealed against and shall state concisely the grounds upon which the appeal is preferred.
85. When appeal may be summarily rejected.- The application may be rejected, if upon a
perusal of the grounds of appeal and a copy of the decision or order appealed against, it appears to the court unnecessary to cal for the proceedings.
86. Procedure on admission of appeal.- If the application be granted, an entry thereof shall
be made in a register of appeals numbered consecutively, and a day shall be fixed for the hearing of the appeal.
87. Notice of hearing to be given.- Notice of the date and place fixed for the hearing of the
appeal shal be given to the appel ant in such manner as the Court may direct, and to every other party to the case whose interest is opposed to that of a the appellant in the manner hereinafter prescribed.
88. Contents of notice.- A written notice containing the title of the court, the names of the
parties, the date and place fixed for the hearing of the appeal, and such other particulars as the court may, by general or special order direct, shal be issued, in duplicate under the hand and seal of the Court.
89. Mode of service.- All notices and processes issued in connection with appeals shal be
served in the manner prescribed by rules 79-A to 79-I in connection with the service of summonses and notices generally.
90. Acknowledgment of personal service.- When personal service is affected, the
addressee shall be required to acknowledge the service by affixing his signature, seal or mark on the back of the duplicate copy to be retained by the serving officer.
91. Memorandum by serving officer.- The serving officer shall in every case endorse on the
duplicate copy of a memo, signed by him of the date and mode of service, and return such copy to the court which issued it.
92. Cost of service.- The cost of serving any notice shall be borne in the first instance by the
party appellant, and shall be paid to the proper officer of the court before such notice is issued. The charge made for service shall be in accordance with the lowest civil process scale for the time being in force.
93. Hearing may be postponed or adjourned.- The hearing of an appeal may be postponed
or adjourned from time to time, as the court may see fit by written order to direct, to any subsequent date, and notice of such date shall be given to the parties in such manner as the court may direct.
94. Attendance or representation of parties not essential.- The attendance of the parties, in
person or by representative, shall not be necessary at the hearing of any petition of appeal, or of any appeal, but any party so attending shall be entitled to be heard.
95. Court to be satisfied before hearing that notice has been received by parties.- The
court shal not proceed to the hearing of any appeal unless and until it is satisfied that notice of the date and place fixed for such hearing has been received by the parties concerned in sufficient time to permit them to appear or to be represented at such hearing. Provided that the court may presume that notice has been received when a written notice has been served in any of the ways described in rule 89 above. Provided also, that an appeal may be heard and decided, notwithstanding the absence of any party who is shown to the satisfaction of the Court to be willful y evading service of notice.
96. Procedure on hearing.-
(a).
The court before passing its order or decision on the appeal, shal record in writing which (if any) of the parties to the appeal are present, in person or by representative, at the hearing thereof.
The court, if it thinks further enquiry necessary, may conduct such enquiry itself, and in such case shall be deemed to be an officer with the powers described in section 69 of the Act.
When the hearing of the appeal is concluded, the decision or order of the court shal , when practicable, be pronounced forthwith and shall be recorded in writing signed by the court, and the substance thereof shall be explained to such of the parties or their representatives as are present when the decision or order is passed or given.
Every decision or order recorded in English shal be translated into Urdu, and the translation shal be authenticated by the signature of the court and filed with the proceedings.
97. Copy thereof to be sent to Subordinate Officer.- A copy of the decision or order shall
be transmitted by the court to the officer from whose decision or order the appeal was preferred.
98. Copies be granted to parties.- A copy of the decision or order of the court, in English or
Urdu, shal be granted to any person concerned or interested therein, who shal apply for the same, upon payment of the court fees and copying charges.
99. Of re-hearing in certain events.- If any party against whom an order or decision is made
or given upon an appeal heard in his absence shal , within thirty days from the date of such order or decision, satisfy the court that he had received no notice of the time and place fixed for the hearing thereof; or had not received such notice in sufficient time to permit him to appear, and that he did not willful y evade, service thereof, the court may pass an order, if it thinks such order requisite for the ends of justice (and not otherwise), upon such terms as appear just, setting aside its previous decision or order, and grant a re-hearing, which shall be subject to the same rules as the hearing of an appeal.
Cancelled by I.B. Notification No.3400 Rev.dated 23rd February 1938. Cancelled by I.B. Notification No.3400 Rev.dated 23rd February 1938. Finality of orders and decisions of Appellate Court.- Except as provided in the three last preceding rules, or, as may be otherwise expressly provided in the rules for the time being in force, the order or decision passed upon any appeal shall be final.
Scope of rules.- Nothing contained in the foregoing rules applies to the hearing of
an appeal from any decision or order in a criminal case under the Act.
Omitted by Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007 Omitted by Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007 Papers relating to proceedings before the competent Authority deciding the matter of warabandi, his orders on the case, and the statement of warabandi sanctioned by him under Section 68, shall be open to inspection by persons interested therein or their Counsel as the case may be. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). Inspection of the general files containing record of executive proceedings including reports by the officers or the competent Authority deciding the matter of warabandi is not permitted. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). The inspection of pending as well as of the decided cases is subject to the control of the competent Authority empowered for deciding the matter of warabandi. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) The application for inspection of these records shall be made in writing to the competent Authority empowered for deciding the matter of warabandi and shall distinctly specify the records, inspection of which is desired. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) The application for inspection of records shall bear Rs.10/- court fee stamp in addition to the amount of inspection fee specified hereinafter.(Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) The inspection fee shal be Rs.10/- for each hour or part of an hour ordinary and Rs.20/- for each hour or part of an hour for urgent inspection on the date of hearing. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) The fee shal be paid in Court fee stamp or stamps affixed to the original application before the file is handed over to the applicant. The stamp or stamps affixed to the application shal be punched and cancel ed immediately on receipt of application.
If more time than is covered by the fee is taken in the inspection the balance shal be paid at the close of the inspection by affixing the additional fee stamps to the application.
A separate application shall be made and a separate fee paid for each record, the inspection of which is desired, unless the records are so closely connected, in the opinion of the competent Authority empowered for deciding the matter of warabandi they may be regarded as one, in which case one application and one fee shall suffice. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). The inspection of the record shal be made at such time, in such a place and in the presence of such officials as the competent Authority empowered for deciding the matter of warabandi may direct. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007) No mark shall be made on any record or paper inspected. The copy of any document or portion of the record in pen and ink is strictly prohibited, but pencil note from the record may be made by the counsel.
A separate register shall be maintained in the concerned office of the competent Authority empowered for deciding the matter of warabandi for all applications received for inspection of the warabandi file and the fees paid for their inspection. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

Source: http://punjablaws.punjab.gov.pk/public/dr/RULES%20ISSUED%20UNDER%20CANAL%20&%20DRAINAGE%20ACT,%20VIII%20OF%201873.doc.pdf