THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

ACT NO. 8 OF 1873 · Enacted [11th February, 1873.] · 75 sections

PRELIMINARY

Section 1.Short title.

Section 2.[Repealed.].

Section 3.Interpretation clause.

Section 4.Power to appoint officers.

OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES

Section 5.Notification to issue when water-supply is to be applied for public purposes.

Section 6.Powers of Canal-officer.

Section 7.Notice as to claims for compensation.

Section 8.Damage for which compensation shall not be awarded.

Section 9.Limitation of claims.

Section 10.Enquiry into claims and amount of compensation.

Section 11.Abatement of rent on interruption of water-supply.

Section 12.Enhancement of rent on restoration of water-supply.

Section 13.Compensation when due.

OF THE CONSTRUCTION AND MAINTENANCE OF WORKS

Section 14.Power to enter and survey, etc.

Section 15.Power to enter for repairs and to prevent accidents.

Section 16.Application by persons desiring to use canal-water.

Section 17.Government to provide means of crossing canals.

Section 18.Persons using water-course to construct works for passing water across roads, etc.

Section 19.Adjustment of claims between persons jointly using water-course.

Section 20.Supply of water through intervening wafer-course.

Section 21.Application for construction of new water-course.

Section 22.Procedure of Canal-officer thereupon.

Section 23.Application for transfer of existing water-course.

Section 24.Objections to construction or transfer applied for.

Section 25.When applicant may be placed in occupation.

Section 26.Procedure when objection is held valid.

Section 27.Procedure when Canal-officer disagrees with Collector.

Section 28.Expenses to be paid by applicant before receiving occupation.

Section 29.Conditions binding on applicant placed in occupation.

Section 30.Procedure applicable to occupation for extensions and alterations.

OF THE SUPPLY OF WATER

Section 31.In absence of written contract, water-supply to be subject to rules.

Section 32.Conditions 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.

OF WATER-RATES

Section 33.Liability when person using unauthorisedly cannot be identified.

Section 34.Liability when water runs to waste.

Section 35.Charges recoverable in addition to penalties.

Section 36.Charge on occupier for water, how determined.

Section 37.“Owner‟s rate”.

Section 38.Amount of owner‟s rate.

Section 39.Owner‟s rate, when not chargeable.

Section 40.When occupier is to pay both owner‟s rate and occupier‟s rate.

Section 41.Power to make rules for apportioning owner‟s rate.

Section 42.When owner is to pay „owner‟s rate.

Section 43.Effect of introduction of canal-irrigation on landlord‟s right to enhance.

Section 44.Water-rate by whom payable, when charged on land held by several owners.

Recovery of charges

Section 45.Certified dues recoverable as land-revenue.

Section 46.Power to contract for collection of canal-dues.

Section 47.Lambardars may be required to collect canal-dues.

Section 48.Fines excluded from sections 45, 46, 47.

OF CANAL NAVIGATION

Section 49.Detainer of vessels violating rules.

Section 50.Recovery of fines for offences in navigating canals.

Section 51.Power to seize and detain vessel on failure to pay charges.

Section 52.Power to seize cargo or goods, if charges due thereon are not paid.

Section 53.Procedure for recovery of such charges after seizure.

Section 54.Procedure in respect of vessels abandoned and goods unclaimed.

OF DRAINAGE

Section 55.Power to prohibit obstructions or order their removal.

Section 56.Power to remove obstructions after prohibition.

Section 57.Preparation of schemes for works of improvement.

Section 58.Powers of persons employed on such schemes.

Section 59.Rate on lands benefited by works.

Section 60.Recovery of rate.

Section 61.Disposal of claims to compensation.

Section 62.Limitation of such claims.

OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS

Section 63.Definition of “labourer”.

Section 64.Power to prescribe number of labourers to be supplied by persons benefited by canal.

Section 65.Procedure for obtaining labour for works urgently required.

Section 66.Liability of labourers under requisition.

OF JURISDICTION

Section 67.Jurisdiction under this Act of Civil Courts.

Section 68.Settlement of differences as to mutual rights and liabilities of persons interested in water-course.

Section 69.Power to summon and examine witnesses.

OF OFFENCES AND PENALTIES

Section 70.Offences under Act.

Section 71.Saving of prosecution under other laws.

Section 72.Compensation to person injured.

Section 73.Power to arrest without warrant.

Section 74.Definition of “canal”.

OF SUBSIDIARY RULES

Section 75.Power to make, alter and cancel rules.