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The Northern India Canal and Drainage Act, 1873

Central

An Act to regulate Irrigation, Navigation and Drainage Northern India.

Act number
8 of 1873
Ministry
Ministry of Jal Shaktri
Department
Department of Water Resources, River Development and Ganga Rejuvenation
Enacted
11 Feb 1873
In force from
11 Feb 1873

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

75 sections

  1. Section 1Short title.
  2. Section 2[Repealed.].
  3. Section 3Interpretation clause.
  4. Section 4Power to appoint officers.
  5. Section 5Notification to issue when water-supply is to be applied for public purposes.
  6. Section 6Powers of Canal-officer.
  7. Section 7Notice as to claims for compensation.
  8. Section 8Damage for which compensation shall not be awarded.
  9. Section 9Limitation of claims.
  10. Section 10Enquiry into claims and amount of compensation.
  11. Section 11Abatement of rent on interruption of water-supply.
  12. Section 12Enhancement of rent on restoration of water-supply.
  13. Section 13Compensation when due.
  14. Section 14Power to enter and survey, etc.
  15. Section 15Power to enter for repairs and to prevent accidents.
  16. Section 16Application by persons desiring to use canal-water.
  17. Section 17Government to provide means of crossing canals.
  18. Section 18Persons using water-course to construct works for passing water across roads, etc.
  19. Section 19Adjustment of claims between persons jointly using water-course.
  20. Section 20Supply of water through intervening wafer-course.
  21. Section 21Application for construction of new water-course.
  22. Section 22Procedure of Canal-officer thereupon.
  23. Section 23Application for transfer of existing water-course.
  24. Section 24Objections to construction or transfer applied for.
  25. Section 25When applicant may be placed in occupation.
  26. Section 26Procedure when objection is held valid.
  27. Section 27Procedure when Canal-officer disagrees with Collector.
  28. Section 28Expenses to be paid by applicant before receiving occupation.
  29. Section 29Conditions binding on applicant placed in occupation.
  30. Section 30Procedure applicable to occupation for extensions and alterations.
  31. Section 31In absence of written contract, water-supply to be subject to rules.
  32. Section 32Conditions as to— power to stop water-supply; claims to compensation in case of failure or stoppage of supply; claims on account of interruption from other causes; duration of supply; sale or sub-letting of right to use canal-water; transfer, with land, of contracts for water; no right acquired by user.
  33. Section 33Liability when person using unauthorisedly cannot be identified.
  34. Section 34Liability when water runs to waste.
  35. Section 35Charges recoverable in addition to penalties.
  36. Section 36Charge on occupier for water, how determined.
  37. Section 37“Owner‟s rate”.
  38. Section 38Amount of owner‟s rate.
  39. Section 39Owner‟s rate, when not chargeable.
  40. Section 40When occupier is -to pay both owner‟s rate and occupier‟s rate.
  41. Section 41Power to make rules for apportioning owner‟s rate.
  42. Section 42When owner is to pay „owner‟s rate.
  43. Section 43Effect of introduction of canal-irrigation on landlord’s right to enhance.
  44. Section 44Water-rate by whom payable, when charged on land held by several owners.
  45. Section 45Certified dues recoverable as land-revenue.
  46. Section 46Power to contract for collection of canal-dues.
  47. Section 47Lambardars may be required to collect canal-dues.
  48. Section 48Fines excluded from sections 45, 46, 47.
  49. Section 49Detainer of vessels violating rules.
  50. Section 50Recovery of fines for offences in navigating canals.
  51. Section 51Power to seize and detain vessel on failure to pay charges.
  52. Section 52Power to seize cargo or goods, if charges due thereon are not paid.
  53. Section 53Procedure for recovery of such charges after seizure.
  54. Section 54Procedure in respect of vessels abandoned and goods unclaimed.
  55. Section 55Power to prohibit obstructions or order their removal.
  56. Section 56Power to remove obstructions after prohibition.
  57. Section 57Preparation of schemes for works of improvement.
  58. Section 58Powers of persons employed on such schemes.
  59. Section 59Rate on lands benefited by works.
  60. Section 60Recovery of rate.
  61. Section 61Disposal of claims to compensation.
  62. Section 62Limitation of such claims.
  63. Section 63Definition of “labourer”.
  64. Section 64Power to prescribe number of labourers to be supplied by persons benefited by canal.
  65. Section 65Procedure for obtaining labour for works urgently required.
  66. Section 66Liability of labourers under requisition.
  67. Section 67Jurisdiction under this Act of Civil Courts.
  68. Section 68Settlement of differences as to mutual rights and liabilities of persons interested in water-course.
  69. Section 69Power to summon and examine witnesses.
  70. Section 70Offences under Act.
  71. Section 71Saving of prosecution under other laws.
  72. Section 72Compensation to person injured.
  73. Section 73Power to arrest without warrant.
  74. Section 74Definition of “canal”.
  75. Section 75Power to make, alter and cancel rules.