Section 68 in Northern India Canal and Drainage Act, 1873
68. [ Power of Deputy Collector to order use or distribution of water and settlement of differences as to mutual rights and liabilities of persons interested in water-course.] [Substituted by Punjab Act 21 of 1963.]
(1)The Deputy Collector may, if in his opinion it is necessary so to do, pass an order as to the use or distribution of water from a water-course amongst persons in any estate or a group of estates or in any holding or group of holdings in such estate or estates:Provided that no such order shall be passed by the Deputy Collector without making an inquiry into the matter and without giving a notice, to all the persons interested that, on a day to be named in such notice, he shall proceed to inquire into the said matter.(2)Whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a water-course, any such person may apply in writing to the Deputy Collector stating the matter in dispute.(3)On the receipt of an application under sub-section (2), the Deputy Collector shall give notice to the other persons interested that on a day to be named in such notice, he shall proceed to inquire into the said matter and after the enquiry he shall pass an order thereon.(4)An order passed under sub-section (1) or sub-section (3) as to the use or distribution of water for any crop sown or growing at the time when such order is made or with regard to the construction or maintenance of water-course shall subject to an order passed on appeal or revision under sub-section (5) and (6), be final.(5)An appeal shall lie to the Divisional Canal Officer against an order referred to in sub-section (4) within a period of thirty days from the date of such order.(6)The Superintending Canal Officer, within whose jurisdiction the water- course is situated, may, suo motu on or an application made in this behalf by an aggrieved person, revise an order passed in appeal by a Divisional Canal Officer under sub-section (5):Provided that no such application shall lie unless it is made within a period of thirty days from the date of such order.(7)No order passed under this section shall be liable to be called in question in any civil court.
