Indian Bare Acts

Search Alphabatically :

THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Title : THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Year : 1873



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 any enquiry relating to any existing or projected canal under the charge of the said Canal-officer; and, where otherwise such enquiry cannot be completed, such or other person may cut down and clear away any part of any standing crop, fence or jungle;(Power to clear land) 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: (Power to inspect and regulate)

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.(Notice of intended entry into house) 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 caused by entry.)



In case of any accident happening or being apprehended to a canal any Division 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 b necessary for the purpose of repairing or preventing such accident. 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 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 Government had directed the occupation of the lands under section 43 of the Land Acquisition Act, 1870.{See now the Land Acquisition Act, 1894 (1 of 1894),section35.) (Compensation for damage to land.}



Any persons desiring to use the water of any canal may apply in writing to the Divisional or Sub-divisional Canal-officer of the division or sub-divisional 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.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.(Contents of application.) 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.(Liability of applicants for cost of works.) 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 is becomes due, shall, on the demand of such officer, be recoverable by the Collector as if it were an arrears of land-revenue.(Recovery of amount due.)



There shall be provided, at the cost of the State Government suitable means of crossing canals constructed or maintained at the, cost of the State Government, at such places as the State Government thinks necessary for the reasonable convenience of the inhabitants o the 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 crossing 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.



The Divisional Canal-officer may issue an order to the person using any water-course to construct suitable bridges, culverts or other works for the passage of the water of such water-course across an public road, canal or drain age-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; 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;(If they fail canal officer may construct.) 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 a arrear of land-revenue.(and recover cost.)



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. 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.(Recovery of amount found due)



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 enquire 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, be binding on the applicant and also on the persons responsible for the maintenance of the said water-course.Such applicant shall not been titled 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.



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.



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.



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 unsuccessful]y 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.If the Divisional Canal-officer considers-(Procedure thereupon.)

(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.



Within thirty days from the publication of a notice under section 22 or section 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 the grounds thereof.



If no such objection is made, or (where such objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-officer to that effect, and shall proceed forthwith to place the said applicant in occupation of the land marked out or of the watercourse to be transferred, as the case may be.



If the Collector considers any objection made as aforesaid to be valid he shall inform the Divisional Canal-officer accordingly; and, if such officer sees fit, he may, in the case of an application under section 21, alter the boundaries of the land so marked out, and may give fresh notice under section 22; and the procedure herein before provided shall be applicable to such notice, and the Collector shall thereupon proceed as before provided.



If the Canal-officer disagrees with the Collector, the matter shall be referred for decision to the Commissioner.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.



No such applicant shall be placed in occupation of such land; or water-course until he has paid to the person named by the Collector such amount as the Collector determines to be due as compensation; for the land or water-course so occupied or transferred, and for any damage caused by the marking out or occupation of such land, together with all expenses incidental to such occupation or transfer.

In determining the compensation to be made under this section the Collector shall proceed under the provisions of the Land Acquisition Act, 1870l; {See now the Land Acquisition Act, 1894 (1 of 1894)} 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.

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 an arrear of land-revenue, and shall, when recovered, be paid by him to the person entitled to receive the same.



When any such applicant is placed in occupation of land or of a water-course as aforesaid, the following rules and conditions shall be binding on him and his representative in interest:-

First.-All works necessary for the passage across such watercourse, or 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 shall 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.



The procedure herein before provided for the occupation of land for the construction of a water-course shall be applicable to the occupation of land for any extension or alteration of a water-course, and for the deposit of soil from water-course clearances.
Last updated on August, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female