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THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Title : THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Year : 1873

[Act, No. 8 of 1873]
[11th February, 1873]


PREAMBLE

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

WHEREAS, throughout the territories to which this Act extends, the State Government is entitled to use and control for public purpose the water of all rivers and streams flowing in natural channels, an of all lakes and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation an drainage in the said territories;

It is hereby enacted as follows:-

(Preamble)



This Act may be called the Northern India Canal and Drainage Act, 1873.

It extends to {Subs. by the A. O. 1948, for the original words as amended by the A. O. 937. The Act originally extended to the territories which are now the U. P. , the Punjab, and the C. P. It has been rep. in the C. P. by the C. P. Irrigation Act. 1931 (C. P. 3 of 1931). It has been declared not to apply to any canal which is included for the time being under Sch. I or Sch. II to the Punjab Minor Canals Act, 1905 (Punjab 3 of 1905), seesection2 (3) of that Act. The Act as been amended in Punjab by Punjab Act 19 of 1953. } [Utter Pradesh and the1*[territories which, immediately before the 1stNovember, 1956, were comprised in the States of Punjab and Delhi]] and applies to all lands, whether permanently settled, temporarily settled, or free from revenue.

{The commencement cl. was rep. by Act 16 of 1874. }

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1. Substituted for "States of Punjab and Delhi" by 2.A.L.O. 1956, w.e.f. 01-11-1956.

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[Repeal of Acts.] Rep.by the Repealing Act, 1873 (12 of 1873)section1 and Sch., Pt.II



In this Act, unless there be something repugnant in the subject or context:-

(1) "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" 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: ("Water course.")

(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 the State Government under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns:("Drainage work.")

{Cf.definition in the General Clauses Act, 1897 (10 of 1897),section3 (63).}

(4) "Vessel" includes boats, rafts, timber and other floatingbodies: ("Vessel.")

(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:("Commissioner.")

{Cf., ibid.,section3 (11).}

(6) "Collector" means the head revenue-officer of a district and includes a Deputy Commissioner or other officer appointed under the Act to exercise all or any of the powers of a Collector:("Collector.")

(7) "Canal-officer" means an officer appointed under this Act to exercise control or jurisdiction over a canal or any part thereof:("Canal-officer.")

"Superintending Canal-officer" means an officer exercising general control over a canal or portion of acanal:("Superintending Canal-officer.")

"Divisional Canal-officer" means an officer exercising control over a division of a canal:("Divisional Canal-officer.")

"Sub-Divisional Canal-officer" means an officer exercising control over a sub-division of a canal:("Sub-divisional Canal-officer.)

(8) " District "means a district as fixed for revenue purposes.("District")



The State Government may from time to time declare, notification in the Official Gazette, the officers by whom, and the local time its within which, all or any of the powers or duties hereinafter conferred or imposed shall be exercised or performed.

All officers mentioned in section 3, clause (7), shall be respective subject to the orders of such officers as the State Government from time to time directs.
Last updated on August, 2016

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