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THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873
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ARRANGEMENT OF SECTIONS
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PART I
PREAMBLE
PRELIMINARY
SECTIONS
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
Interest.
PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
Power to inspect and regulate water-supply. Notice of intended entry into houses. Compensation for damage caused by entry.
Liability of applicants for cost of works. Recovery of amount due.
*Subject to verification and confirmation by Ministry.
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SECTIONS
Recovery of compensation and expenses.
PART IV
OF THE SUPPLY OF WATER
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.
PART V
OF WATER-RATES
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SECTIONS
Liability of owners of vessels causing damage.
PART VII
OF DRAINAGE
PART VIII
OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS
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PART IX
OF JURISDICTION
SECTIONS
PART X
OF OFFENCES AND PENALTIES
PART XI
OF SUBSIDIARY RULES
SCHEDULE.—[Repealed.].
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THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873
ACT NO. 8 OF 1873
[11th February, 1873.]
An Act to regulate irrigation, navigation and drainage in Northern India.
Preamble.—WHEREAS, throughout the territories to which this Act extends, the 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:—
PART I
PRELIMINARY
Local extent.—It extends to 1[Uttar Pradesh and the 2[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.
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(1) “Canal”.—“canal” includes—
(a) all canals, channels and reservoirs constructed, maintained or controlled by the State Government for the supply or storage of water;
(b) all works, 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 the State Government has applied the provisions of Part II of this Act;
(2) “Water course”.—“water course” means any channel which is supplied with water from a canal, but which is not maintained at the cost of the State Government, and all subsidiary works belonging to any such channel;
(3) “Drainage-work”.—“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 the State Government under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns;
4(4) “Vessel”.—“vessel” includes boats, rafts, timber and other floating bodies;
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(5) “Commissioner”.—“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;
(7) “Canal-officer”.—“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 sub-division of a canal;
(8) “District”.—“District” means a district as fixed for revenue purposes.
All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of such officers as the State Government from time to time directs.
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
(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.
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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 any natural channel to any defined artificial channel, whether above or underground, 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 a water-course or the use of any water to which any person is entitled under the 1Indian Limitation Act, 1877 (15 of 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 th e 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 net profits of such property caused by the exercise of the po wers 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 the State Government, except by grant or under the 1 Indian Limitation Act, 1877 (15 of 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 the State Government, under the same Part.
Provided that, instead of the last clause of the said section 26, the following shall be read: — “The provisions of this section and of section 8 of the Northern India Canal and Drainage Act, 1873 (8 of 1873) , shall be read to every assessor in a language which he understands, before he gives his opinion as to the amount of compensation to be awarded. ”
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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.
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 wh ere the non-payment of such sum is caused by the wilful neglect or refusal of the claimant to receive the same.
PART III
OF THE CONSTRUCTION AND MAINTENANCE OF WORKS
may enter upon any lan ds 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 watergauges;
and do all other acts necessary for the proper prosecution of any 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 wat er-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 for 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.
Compensation for damage to land. —In every such case such Canal -officer or person shall tender compensation to the propri etors or occupiers of the said lands for all damage done to the same. If such tender is not accepted, the Canal -officer shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the State
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Government had directed the occupation of the lands under section 43 of the 1Land Acquisi - tion Act, 1870 (10 of 1870).
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 arrear of land-revenue.
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 the State Government, and the State Government shall cause such measures in reference thereto to be taken as it thinks proper.
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 addressed 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 the demand of the Divisional Canal-officer, be recoverable from them by the Collector as if it were an arrear of land-revenue.
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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. —Any 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 arrear of land -revenue.
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, be binding on the applicant and also on the persons responsible for the maintenance of the said 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.
(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.
(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.
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(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 as 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.
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 the grounds thereof.
Such decision shall be final, and the Collector, if he is so directed by such decision, shall, subject to the provisions of section 28, cause the said applicant to be placed in occupation of the land so marked out or of the water-course to be transferred, as the case may be.
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Procedure in fixing compensation.—In determining the compensation to be made under this section the Collector shall proceed under the provisions of the Land Acquisition Act, 18701 (10 of 1870); but he may, if the person to be compensated so desires, award such compensation in the form of a rent-charge payable in respect of the land or water-course occupied or transferred.
Recovery of compensation and expenses.—If such compensation and expenses are not paid when demanded by the person entitled to receive the same, the amount may be recovered by the Collector as if it were any arrear of land-revenue, and shall, when recovered, be paid by him to the person entitled to receive the same.
First.—All works necessary for the passage across such water-course, of water-courses existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Divisional Canal-officer.
Second.—Land occupied for a water-course under the provisions of section 22 stall be used only for the purpose of such water-course.
Third.—The proposed water-course shall be completed to the satisfaction of the Divisional Canal-officer within one year after the applicant is placed in occupation of the land.
In cases in which land is occupied or a water-course is transferred on the terms of a rent-charge.
Fourth.—The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determined by the Collector when the applicant is placed in occupation.
Fifth.—If the right to occupy the land cease owing to a breach of any of these rules, the liability to pay the said rent shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such persons as the Collector determines.
Sixth.—The Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation; and, if any such rent or compensation be not paid by the applicant or his representative in interest, the Collector may recover the amount, with interest thereon at the rate of six per cent. per annum from the date on which it became due, as if it were an arrear of land-revenue, and shall pay the same, when recovered, to the person to whom it is due.
If any of the rules and conditions prescribed by this section are not complied with,
or if any water-course constructed or transferred under this Act is disused for three years continuously,
the right of the applicant, or of his representative in interest, to occupy such land or water-course shall cease absolutely.
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PART IV
OF THE SUPPLY OF WATER
(a) Power to stop water-supply.—The Divisional Canal-officer may not stop the supply of water to any water-course, or to any person, except in the following cases:—
(1) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authorit y and with the previous sanction of the State Government;
(2) whenever and so long as any water-course is not maintained in such proper customary repair as to prevent the wasteful escape of water therefrom;
(3) within periods fixed from time to time by the Divisional Canal -officer;
(b) Claims to compensation in case of failure or stoppage of supply.— No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage of the water in a canal, by reason of any cause beyond the control of the State Government or of any repairs, alterations or additions to the canal, or of any measures taken for regulating the proper flow o f water therein, or for maintaining the established course of irrigation which the Divisional Canal -officer considers necessary; but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorised by the State Government :
(c) Claims on account of interruption from other causes. —If the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner described in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising from such interruption, and the Collector may award to the petitioner reasonable compensation for such loss:
(d) Duration of supply.—When the water of a canal is supplied for the irrigation of a, single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, and to apply only to that crop; but, if it be supplied for irrigating two or more crops to be raised on the same la nd within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year :
(e) Sale or subletting of right to use canal -water.—Unless with the permission of the Superintending Canal -officer, no person entitled to use the water of any canal, or any work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use:
Provided that the former part of this clause shall not apply to the use by a cultivating tenant of water supplied by the owner of a water -course for the irrigation of the land held by such tenant :
Transfer, with land, of contracts for water.—But all contracts made between the State Government and the owner or occupier of any immovable property, as to the supply of canal-water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place :
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PART V
OF WATER-RATES
the person on whose land such water has flowed if such land has derived benefit therefrom,
or if such person cannot be identified or if such land has not derived benefit therefrom, all the persons chargeable in respect of the water supplied through such water -course, shall be liable, or jointly liable, as the case may be, to the charges made for such use.
Decision of questions under sections 33 and 34.—All questions under section 33 or section 34 shall be decided by the Divisional Canal -officer, subject to an appeal to the head Revenue - officer of the district, or such other appeal as may be provided under section 75.
“Occupier’s rate”.—A rate so charged shall be called the “occupier?s rate”.
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or if it is occupied by a tenant whose rent is not liable to enhancement on the ground that the value of the produce of the land or the productive powers of the land has or have teen increased by irrigation,
such owner or tenant shall pay the owner ?s rate as well as the occupier ?s rate.
or if, when the amount of a rent was fixed, the land was irrigated from the canal, the owner shall pay the owner?s rate.
introduction of canal -irrigation into any land shall have the same effect on the landlord ?s right to re-enhance the rent of a tenant with a right of occupancy of such land, as if a revision of settlement had taken place, under which the revenue payable in respect of such land had been increased.
Recovery of charges
When such agreement has been made, such person may recover such sum by suit as though it were a debt due to him, or an arrear of rent due to him on account of the land, wor k or building in respect of which such sum is payable, or for or in which the canal -water shall have been supplied or used.
If such person makes default in the payment of any sum collected by him under this section, such sum may be recovered from him by the Collector under section 45; and, if such sum or any part of it be still
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due by the said third party, the sum or part so due may be recovered in like manner by the Collector from such third party.
Such sums shall be recoverable by the Collector as if they were arrears of land -revenue due in respect of the defaulter ?s share in such estate;
and for the purpose of collecting such sums from the subordinate zamindars, rayats, 1[tenants or sub-tenants], such lambardar or person may exercise the powers, and shall be subject to the rules, laid down in the law for the time being in force in respect to the collection by him of the rents of land or of shares of land-revenue.
The State Government shall provide —
(a) for remunerating persons collecting sums under this section; or
(b) for indemnifying them against expenses properly incurred by them in such collection; or
(c) for both such purposes.
PART VI
OF CANAL-NAVIGATION
Liability of owners of vessels causing damage. —The owner of any vessel causing damage to a canal, or removed or detained under this section, shall be liable to pay to the State Government such sum as the Divisional Canal -officer, with the approval of the Superintending Canal-officer, determines to be necessary to defray the expenses of repairing such damage or of such removal or detention, as the case may be.
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is not paid on demand to the person authorised to collect the same, the Divisio nal Canal-officer may seize such cargo or goods and detain them until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full.
And, if such claim be not so discharged, the said Canal-officer may, on such day, sell the property seized or such part thereof as may
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