31. Compensation in cases of ascertainable substantial damage.
- Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation:Exceptions. - Provided that no compensation shall be so awarded in respect of any damage arising from-(a)deterioration of climate, or(b)stoppage of navigation, or the means of rafting timber or of watering cattle, or(c)stoppage or diminution of any supply of water in consequence of the exercise of the power conferred by section 5, if no use have been made of such supply, within the five years next before the date of issue of the notification under section 37, or(d)failure or stoppage of the water in a canal, when such failure or stoppage is due to-(1)any cause beyond the control of [the [State] [These words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government],(2)the execution of any repairs, alterations or additions to the canal, or(3)any measures considered necessary by any Canal-officer duly empowered in this behalf for regulating the proper flow of water in the canal, or for maintaining the established course of irrigation;Remission of water-rates when allowable. - but any person who suffers loss from any stoppage or diminution of his water-supply due to any of the causes named in clause (d) of this section shall be entitled to such remission of the water-rate payable by him as may be authorized by [the [State] [These words 'the Provincial Government' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] Government].
