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THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Title : THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Year : 1873



Whenever it appears expedient to the 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 the State Government for the purpose of any existing or projected canal or drainage-work, the 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.



At any time after the day so named, any Canal-officer, acting under the orders of the 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.



As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, stating that the State Government intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.



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. But compensation may be awarded in respect of any of the following matters:-(Matters in respect of which compensation may be awarded)

(e) Stoppage or diminution of supply of water through any 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 a water-course or the use of any water to which any person is entitled under the {See now the Indian Limitation Act, 1908 (9 of 1908)}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 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 powers conferred by this Act. No right to any such supply of water as is referred to in clause (e), (f) or (g) of this section, in respect of a work or channel not use at the date of the notification, shall be acquired as against the State Government, except by grant or under the {See now the Indian Limitation Act, 1908 (9 of 1908)} 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 the State Government, under the same Part.



No claim for compensation for any such stoppage, diminution or damage shall be made after 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.



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 9 to 12 (inclusive), 14 a 15, 18 to 23 (inclusive), 26 to 40 (inclusive), 51, 57, 58 and 59 of the {See now the Land Acquisition Act, 1894 (1 of 1894).} Land Acquisition Act, 1870, shall apply to such inquiries:

Provided that, instead of the last clause of the said section the following shall be read:-"The provisions of this section a of section 8 of the Northern India Canal and Drainage Act, 18 shall be read to every assessor in a language which he understands before he gives his opinion as to the amount of compensation to awarded."



Every tenant holding under an unexpired lease, or having 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.



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.



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, 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 willful neglect or refusal of the claimant to receive the same.(Interest)
Last updated on August, 2016

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