36. Power to assume control or management, or both, of a canal.
(1)It shall be lawful for the [State Government] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] by notification, to assume the control or management; or both, of any canal -(a)if the owner of such canal consents thereto and subject to the condition (if any) on which such consent may in any case be given;(b)If, after enquiry, the [State Government] is satisfied that the control or management exercised by or on behalf of the owner is such as causes grave injury to the property or health of persons owning lands in the vicinity;(c)in the event of any wilful and continuous breach of orders issued under section 39 of this Act.(2)When the control or management, or both, of any canal is assumed under the provisions of sub-section (1), the [State Government] may exercise all or any of the rights and powers in regard thereto which, but for such assumption, the owner might lawfully have exercised, and may delegate such powers or any of them to any person, but Government shall, in the absence of any decree or agreement to the contrary, be liable to account, from time to time, to such owner for the income and expenditure thereof and may at any time restore the canal to the owner.
