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NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873
8 of 1873
11th February, 1873
"The Secretary of State having disapproved the sections (forty-four to forty-nine) of the Punjab Canal and Drainage Act (No. 30 of 1871), which provide for the imposition of a water-rate upon lands irrigable, but not irrigated. It is proposed not only to repeal those sections, but to re-enact the whole measure, making it applicable not merely to the Punjab but also the North-Western Provinces. Oudh and the Central Provinces. With these exceptions the provisions of this Bill are almost exactly similar to those of the Punjab Canal and Drainage Act. A few changes of no great importance have been made." - Gaz., of Ind.,1872, Pt. V p.651.
An Act to regulate Irrigation, Navigation and Drainage in Northern India. Preamble.- Whereas throughout the territories to which this Act extends, the 1[State Government] is entitled to use and control for public purposes the water of all rivers and streams flowing in natural channels, and of all lakes and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said territories: It is hereby enacted as follows :--
SECTION 01: SHORT TITLE
This Act may be called The Northern India Canal and Drainage Act, 187: Local extent.- It extends to2[Uttar Pradesh3and the4[territories which, immediately before the 1st November, 1956, were comprised in the States of Punjab and Delhi]] and applies to all lands whether permanently settled, temporarily settled, or free from revenue.5[* * * * *]
SECTION 02: REPEAL OF ACTS
[Repealed by the Repealing Act, 1873 (12 of 1873), Section 1 and Schedule, Pt. II.]
SECTION 03: INTERPRETATION CLAUSE
In this Act, unless there be something repugnant in the subject or context,- "Canal."
(1) "Canal" includes-
(a) all canals, channels and reservoirs constructed, maintained or controlled by
the6[State Government] for the supply or storage of water;
(b) all words, embankments, structures, supply and escape channels connected with such canals, channels or reservoirs;
(c) all water-courses as defined in the second clause of this section;
(d) any part of a river, stream, lake or natural collection of water or natural drainage-channel, to which the6[State Government] has applied the provisions of Part II of this Act;
(2) "water-course" means any channel which is supplied with water from a canal, but which is not maintained at the cost of the6[State Government] and all subsidiary works belonging to any such channel; "Drainage-work.
(3) "drainage-work" includes escape-channels from a canal, dams, weirs embankments, sluices, groins and other works for the protection of lands from flood or from erosion, formed or maintained by the6[State Government] under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns; "Vessel."
(4) "vessel" includes boats, rafts, timber and other floating bodies; "Commissioner."
(5) "Commissioner" means a Commissioner of a Division, and includes any officer appointed under this Act to exercise all or any of the powers of a Commissioner; "Collector".
(6) "Collector" means the head revenue officer of a district and includes a Deputy Commissioner or other officer appointed under this Act to exercise all or any of the powers of a Collector; "Canal Officer."
(7) "Canal Officer" means an officer appointed under this Act to exercise control or Jurisdiction over a canal or any part thereof; "Superintending Canal Officer." "Superintending Canal Officer" means an Officer exercising general control over a canal or portion of a canal; "Divisional Canal Officer." "Divisional Canal Officer" means an officer exercising control over a division of a canal; "Sub-Divisional Canal Officer." "Sub-Divisional Canal Officer" means an officer exercising control over a subdivision of a canal; "District."
(8) "District" means a district as fixed for revenue purposes.
State Amendments
SECTION 04: POWER TO APPOINT OFFICER
The7[State Government] may from time to time declare, by notification in the Official Gazette, the officers by whom, and the local limits within which, or any of the powers or duties hereinafter conferred or imposed shall be exercised or performed. All officers mentioned in S. 3, clause (7), shall be respectively subject to the orders of such officers as the7[State Government] from time to time directs. State Amendments
SECTION 05: NOTIFICATION TO ISSUE WHEN WATER-SUPPLY IS TO BE APPLIED FOR PUBLIC PURPOSES
Wherever it appears expedient to the8[State Government] that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection of still water, should be applied or used by the8[State Government] for the purpose of any existing or projected canal or drainage-work, the8[State Government] may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof. State Amendments
SECTION 06: POWERS OF CANAL OFFICER
At any time after the day so named, any Canal Officer, acting under the orders of the9[State Government] in this behalf, may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.
SECTION 07: NOTICE AS TO CLAIMS FOR COMPENSATION
As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, staling that the10a [State Government] intends to apply or use the said water as aforesaid, ad that claims for compensation in respect of the matters mentioned in S. 8 may be made before him.
SECTION 08: DAMAGE FOR WHICH COMPENSATION SHALL NOT BE AWARDED
- No compensation shall be awarded for any damage caused by - (a) stoppage or diminution of percolation or floods; (b) deterioration of climate or soil;
(c) stoppage of navigation, or of the means of drifting timber or watering cattle;
(d) displacement of labour. Matters in respect of which compensation may be awarded. But compensation may be awarded in respect of any of the following matters :-
(e) stoppage or diminution of supply of water through natural channel to any defined artificial channel, whether above or under ground, in use at the date of the said notification;
(f) stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification;
(g) stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification;
(h) damage done in respect of any right to water-course or the use of any water to which any person is entitled under Indian Limitation Act, 1877, Part IV;
(i) any other substantial damage, not falling under any of the above clauses (a), (b), (c) or (d), and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation. In determining the amount of such compensation, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed and, where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminution of the annual nett profits of such property caused by the exercise of the powers conferred by this Act. No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section, in respect of a work or channel not in use at the date of the notification, shall be acquired as against the11[State Government], except by grant or under the Indian Limitation Act, 1877, Part IV; and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall be acquired, as against the11[State Government], mider the same Part.
SECTION 09: LIMITATION OF CLAIMS
No claim for compensation for any such stoppage, diminution or damage shall be made alter the expiration of one year from such stoppage, diminution or damage, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
SECTION 10: ENQUIRY INTO CLAIMS AND AMOUNT OF COMPENSATION
The Collector shall proceed to enquire into any such claim, and to determine the amount of compensation, if any, which should be given to the claimant; and sections 9to12(inclusive),14and15,18to23(inclusive),26to40(inclusive),5157,58and59 of the Land Acquisition Act, 1870, shall apply to such inquiries : Provided that, instead of the last clause of the saidsection 26- the following shall be read :- "The provisions of this section and ofsection 8-of the Northern India Canal and Drainage Act, 1873, shall be read to every asssessor in a language which he understands, before he gives his opinion as to the amount of compensation to be awarded."
SECTION 11: ABATEMENT OF RENT ON INTERRUPTION OF WATER-SUPPLY
Every tenant holding under an unexpired lease, or having a right of occupancy, Who is in occupation of any land at the time when any stoppage or diminution of water-supply in respect of which compensation is allowed under section 8-, takes place, may claim an abatement of the rent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding.
SECTION 12: ENHANCEMENT OF RENT ON RESTORATION OF WATER-SUPPLY
If a water supply increasing the value of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced in respect of the increased value of such land due to the restored water-supply to an amount not exceeding that at which it stood immediately before the abatement. Such enhancement shall be on account only of the restored water-supply, and shall not affect the liability of the tenant to enhancement of rent on any other grounds.
SECTION 13: COMPENSATION WHEN DUE
All sums of money payable for compensation under this Part shall become due three months after the claim for such compensation is made in respect of the stoppage, diminution or damage complained of, Interest and simple interest at the rate of six per cent per annum shall be allowed on any such sum remaining unpaid after the said three months, except where the non-payment of such sum is caused by the wilful neglect or refusal of the claimant to receive the same.
SECTION 14: POWER TO ENTER AND SURVEY, ETC
Any Canal Officer, or other person acting under the general or special order of a Canal Officer, may enter upon any lands adjacent to any canal, or through which any canal is proposed to be made, and undertake surveys or levels thereon; and dig and bore into the sub-soil; and make and set up suitable land-marks, level-marks and water-gauges; and do all other acts necessary for the proper prosecution of an enquiry relating to any existing or projected canal under the charge of the said Canal Officer; Power to clear land. and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop. fence or jungle; Power to inspect and regulate water-supply. and may also enter upon any land, building or water-course on account of which any water- rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal; Notice of intended entry into houses. Provided that, if such Canal Officer or person proposes to enter into any building or enclosed court or garden attached, to a dwelling-house not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days' notice in writing of his intention to do so. Compensation for damage caused by entry. In every case of entry under this section the Canal Officer shall, at the time of such entry, tender compensation of any damage which may be occasioned by any proceeding under this section and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final.State AmendmentsSECTION 15: POWER TO ENTER FOR REPAIRS AND TO PREVENT ACCIDENTS
In case of any accident happening or being apprehended to a canal any Divisional Canal Officer or any person acting under his general or special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works which may be necessary for the purpose of repairing or preventing such accident. Compensation for damage to land.- In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. If such lender is not accepted, the Canal Officer shall refer the mailer to the Collector, who shall proceed to award compensation for the damage as though the12[State Government] had directed the occupation of the lands under section 43 of the Land Acquisition Act, 1870State Amendments
SECTION 16: APPLICATION BY PERSONS DESIRING TO USE CANAL WATER
Any person desiring to use the water of any canal may apply in writing lo the Divisional or Sub-Divisional Canal Officer of the division or sub-division of the canal from which the water-course is to be supplied, requesting such officer to construct or improve a water-course at the cost of the applicants. Contents of application. The application shall state the works to be undertaken, their approximate estimated cost, or the amount which the applicants are willing to pay for the same, or whether they engage to pay the actual cost as settled by the Divisional Canal Officer, and how the payment is to be made. Liability of applicants for cost of works. When the assent of the Superintending Canal Officer is given to such application, all the applicants shall, after the application has been duly attested before the Collector, be jointly and severally liable for the cost of such works to the extent mentioned therein. Recovery of amount due. Any amount becoming due under the terms of such application, and not paid to the Divisional Canal Officer, or the person authorised by him to receive the same, on or before the date on which it becomes due shall on the demand of such officer, be recoverable by the Collector as if it were an arrears of land revenue.
SECTION 17: GOVERNMENT TO PROVIDE MEANS OF CROSSING CANALS
There shall be provided at the cost of the13[State Government] suitable means of crossing canals constructed or maintained at the cost of the13[State Government], at such places as the a [State Government] thinks necessary for the reasonable convenience of the inhabitants of adjacent lands. On receiving a statement in writing, signed by not less than five of the owners of such lands, to the effect that suitable crossings have not been provided on any canal, the Collector shall cause enquiry to be made into the circumstances of the case, and if he thinks that the statement is established, he shall report his opinion thereon for the consideration of the13[State Government], and the13[State Government] shall cause such measures in reference thereto to be taken as it thinks proper.
SECTION 18: PERSONS USING WATER-COURSE TO CONSTRUCT WORKS FOR PASSING WATER ACROSS ROADS, ETC
The Divisional Canal Officer may issue an order to the persons using any water-course to construct suitable bridges, culverts or other works for the passage of the water of such water-course across any public road, canal or drainage-channel in use before the said water-course was made or to repair any such works. Such order shall specify a reasonable period within which such construction or repairs shall be completed; If they fail. Canal Officer may construct. and if, after the receipt of such order, the persons to whom it is addresser do not, within the said period, construct or repair such works to the satisfaction of the said Canal Officer, he may, with the previous approval of the Superintending Canal Officer, himself construct or repair the same; and recover cost; and if the said persons do not, when so required, pay the cost of such construction or repairs as declared by the Divisional Canal Officer the amount shall, on demand of the Divisional Officer, be recoverable from them by the Collector as if it were an arrear of land revenue.
SECTION 19: ADJUSTMENT OF CLAIMS BETWEEN PERSONS JOINTLY USING WATER-COURSE
If any person, jointly responsible with others for the construction or maintenance of a water-course, or jointly making use of a water-course with others, neglects or refuses to pay his share of the cost of such construction or maintenance, or to execute his share of any work. necessary for such construction or maintenance, the Divisional or Sub-divisional Canal Officer, on receiving an application in writing from any person injured by such neglect or refusal, shall serve notice on all the parties concerned that, on the expiration of a fortnight from the service, he will investigate the case; and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as to him seems fit. Such order shall be appealable to the Commissioner, whose order thereon shall be final. Recovery of amount found due. A sum directed by such order to be paid within a specified period may, if not paid within such period, and if the order remains in force, be recovered by the Collector, from the person directed to pay the same, as if it were an arrears of land revenue
SECTION 20: SUPPLY OF WATER THROUGH INTERVENING WATER-COURSE
Whenever application is made to a Divisional Canal Officer for a supply of water from a canal, and it appears to him expedient that such supply should be given and that it should be conveyed through some existing water-course, he shall give notice to the persons responsible for the maintenance of such water-course to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed; and, after making enquiry on such day, the Divisional Canal Officer shall determine whether and on what conditions the said supply shall be conveyed through such water-course. When such officer determines that a supply of canal water may be conveyed through any water-course as aforesaid, his decision shall, when confirmed or modified, by the Superintending Canal Officer, he binding on the applicant and also on the persons responsible for the maintenance of the water-course. Such applicant shall not be entitled to use such water-course until he has paid the expense of any alteration of such water-course necessary in order to his being supplied through it, and also such share of the first cost of such water-course as the Divisional or Superintending Canal Officer may determine. Such applicant shall also be liable for his share of the cost of maintenance of such water- course so long as he uses it.State AmendmentsSECTION 21: APPLICATION FOR CONSTRUCTION OF NEW WATER-COURSE
Any person desiring the construction of a new water-course may apply in writing to the Divisional Canal Officer, stating-
(1) that he has endeavoured unsuccessfully to acquire, from the owners of the land through which he desires such water-course to pass, a right to occupy so much of the land as will be needed for such water-course;
(2) that he desires the said Canal Officer, in his behalf and at his cost, to do all things necessary for acquiring such right;
(3) that he is able to defray all costs involved in acquiring such right and constructing such water-course.
State Amendments
SECTION 22: PROCEDURE OF CANAL OFFICER THEREUPON
-: If the Divisional Canal Officer considers-
(1) that the construction of such water-course is expedient, and
(2) that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal Officer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under section 28-; and, upon such deposit being made, he shall cause enquiry to be made into the most suitable alignment for the said water-course, and shall mark out the land which, in his opinion, it will be necessary to occupy for the construction thereof, and shall forthwith publish a notice in every village through which the water-course is proposed to be taken that so much of such land as belongs to such village has been so marked out, and shall send a copy of such notice to the Collector of every district in which any part of such land is situate.
State Amendments
SECTION 23: APPLICATION FOR TRANSFER OF EXISTING, WATERCOURSE
- Any person desiring that an existing water-course should be transferred from its present owner to himself may apply in writing to the Divisional Canal Officer, stating-
(1) that he has endeavoured unsuccessfully to procure such transfer from the owner of such water-course;
(2) that he desires the said Canal Officer, in his behalf and at his cost, to do all things necessary for procuring such transfer;
(3) that he is able to defray the cost of such transfer. Procedure thereupon.- If the Divisional Canal Officer considers-
(a) that the said transfer is necessary for the better management of the irrigation from such water-course, and
(b) that the statements in the application are true, he shall call upon the applicant to make such deposit a¯ the Divisional Canal Officer considers necessary to defray the cost of the preliminary proceedings and the amount of any compensation that may become due under the provisions of Section 28-in respect of such transfer: and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy of the notice to the Collector of every district, through which such water- course passes.
State Amendments
SECTION 24: OBJECTIONS TO CONSTRUCTION OR TRANSFER APPLIED FOR
Within thirty days from the publication of a notice under section 22-orsection 23-, as the case may be, any person interested in the land or water-course to which the notice refers may apply to the Collector by petition, stating his objection to the construction or transfer for which application has been made. The Collector may either reject the petition or may proceed to inquire into the validity of the objection, giving previous notice to the Divisional Canal Officer of the place and time at which such inquiry will be held. The Collector shall record in writing all orders passed by him under this section and grounds thereof.
SECTION 25
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