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THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Title : THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Year : 1873



If water supplied through a water-course be use din an unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be identified,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 charge able 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.



If water supplied through a water-course be suffered to run to waste, and if, after enquiry by the Divisional Canal-officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such water-course shall be jointly liable for the charges made in respect of the water so wasted.



All charges for the unauthorised use or for waste of water may be recovered in addition to any penalties incurred on account of such use or waste. 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.( Decision of questions under sections 33 and 34.)



The rates to be charged for canal-water supplied for purposes of irrigation to the occupiers of land shall be determined by the rules to be made by the State Government, and such occupiers as accept the water shall pay for it accordingly.

A rate so charged shall be called the " occupier's rate ".("Occupier's rate.")

{Ins.by Act 16 of 1899,section2.}[The rules here in before referred to may prescribe and determine what persons or classes of persons are to be deemed to be occupiers for the purposes of this section, and may also determine the several liabilities, in respect of the payment of the occupier's rate, of tenants and of persons to whom tenants may have sublet their lands or of proprietors and of persons to whom proprietors may have let the lands held by them in cultivating occupancy.]



In addition to the occupier's rate, a rate to be called the " owner's rate" may be imposed, according to rules to be made by the State Government, on the owners of canal-irrigated lands, in respect of the benefit which they derive from such irrigation.



The owner's rate shall not exceed the sum which, under the rules for the time being in force for the assessment of land-revenue, might be assessed on such land on account of the increase in the annual value or produce thereof caused by the canal-irrigation.And, for the purpose of this section only, land which is permanently settled or held free of revenue shall be considered as though it were temporarily settled and liable to payment of revenue.



No owner's rate shall be chargeable either on the owner or occupier of land temporarily assessed to pay land-revenue at irrigation-rates, during the currency of such assessment.



If such land is occupied by the owner,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 been increased by irrigation,such owner or tenant shall pay the owner's rate as well as the occupier's rate.

{Sections.40 to 43 have been rep.in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887)section3 and Sch,}



In the case of a tenant with a right of occupancy, the State Government shall have power to make rules for dividing the owner" rate between such tenant and his landlord, proportionately to the extent of the beneficial interest of each in the land.

{Sections.40 to 43 have been rep.in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887)section3 and Sch,}



If the owner of the land is not the occupier, but has power to enhance the rent of the occupier on the ground that the value of the produce or the productive powers of the land has or have been increased by irrigation, 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.

{Sections.40 to 43 have been rep.in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887)section3 and Sch,}



If a revision of settlement is a ground for entertaining a suit for the enhancement of rent, the 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.



Where a water-rate is charged on land held by several joint owners, it shall be payable by the manager or other person who receives the rents or profits of such land, and may be deducted by him from such rents or profits before division, or may be recovered by him from the persons liable to such rate in the manner customary in the recovery of other charges on such rents or profits.



Any sum lawfully due under this Part, and certified by the Divisional Canal-officer to be so due, which remains unpaid after the day on which it becomes due, shall be recoverable by the Collector from the person liable for the same as if it were an arrear of land-revenue.



The Divisional Canal-officer or the Collector may enter into an agreement with any person for the collection and payment to the State Government by such person of any sum payable under this Act by a third party.

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, work 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 b the Collector under section 45; and, if such sum or any part of it t still 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.



The Collector may require the lambardar, or person under engagement to pay the land-revenue of any estate, to collect and pay any sums payable under this Act by a third party, in respect of any land or water in such estate. Such sums shall be recoverable by the Collector as if they were arrears of land-revenue due in respect of the defaulter's share such estate; and for the purpose of collecting such sums from the subordinate reminders, raiyats, {Subs.by Act 16 of 1899,section3, for "or tenants".} [tenants or sub-tenants], such lambardar 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.



Nothing in section 45, 46 or 47 applies to fines.

Last updated on August, 2016

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