- In respect of any State Tubewell the provisions of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) (hereinafter referred to as the said Act), shall be deemed to apply in like manner as if such State Tubewells were a canal within the meaning of the said Act, except the provisions of section 1, clause (4) of section 3, section 5 and Parts VI and VIII of the said Act :Provided that for the purpose of such application the said Act shall be subject to the following modifications :(1)[ For the purpose of tubewells constructed, maintained, or controlled by the Corporation the officers of the Corporation holding such office as correspond to the offices mentioned in clause (7) of section 3 of the said Act shall exercise the same powers as are exercisable by the officers of the State Government holding corresponding offices in respect of the tubewells constructed, maintained or controlled by the Government and they shall be deemed to have been appointed as Canal Officer within the meaning of the aforesaid clause (7). [See Punjab Act 3 of 1974.](1-A) In section 6 of the said Act, for the words "so named" the words and figures "named in a notification under section 3 of the Punjab State Tubewell Act, 1954", for the words "State Government" the words "State Government or the Corporation, as the case may be," and for the words "such application or use of the said water" the words "the application or use of the under ground water for the purpose of a State Tubewell" shall be deemed to be substituted, respectively;](2)In section 8 of the said Act clauses (a) and (c) and the reference thereto in clause (i) shall be deemed to be omitted in clause (g) for the words "through any natural channel which has been used for purposes of irrigation" the words "in any well which has been used" shall be deemed to be substituted and in the last paragraph for the words and brackets "clauses (a), (b) and (c)" the word and brackets "clause (b)" shall be deemed to be substituted.(3)In section 32 of the said Act :(i)in sub-clause (1) of clause (a), the words "and with the previous sanction of the State Government" shall be deemed to be omitted.(ii)clause (b) shall be deemed to be omitted.(3-A) for section 36 of the said Act, the following section shall be deemed to be substituted, namely :-"36. Charges for supply of water from State tubewells. - The supply of water from a State Tubewell shall be charged at such rate (to be called 'the occupier's rate') per unit of electricity consumed for such supply, as the State Government may, from time to time, by notification, fix and different rates may be fixed in relation to supply of water from the tubewells constructed, maintained or controlled by the Government and the tubewells constructed, maintained or controlled by the Corporation :Provided that in the case of tube-wells constructed, maintained or controlled by the Corporation such rate shall be fixed after consultation with the Corporation."
