Indian Bare Acts



Year : 1873

Whenever it appears to the State Government that injury to any land or the public health or public convenience has arisen or may arise from the obstruction of any river, stream or drainage-channel, such Government may, by notification published in the Official Gazette, prohibit, within limits to be defined in such notification the formation of any obstruction, or may, within such limits, order the removal or other modification of such obstruction. Thereupon so much of the said river, stream or drainage-channel as is comprised within such limits shall be held to be a drainage-work as defined in section 3.

The Divisional Canal-officer, or other person authorised by the State Government in that behalf, may, after such publication issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.

If, within the time so fixed, such person does not comply with the order, the said Canal-officer may himself remove or modify the obstruction; and if the person to whom the order was issued does not, when called upon, pay the expenses involved in such removal or modification such expenses shall be recoverable by the Collector from him or his representative in interest as an arrear of land-revenue.

Whenever it appears to the State Government that any drainage-works are necessary for the improvement of any lands, or for the proper cultivation or irrigation thereof,or that protection from floods or other accumulations of water, or from erosion by a river, is required for any lands, the State Government may cause a scheme for such drainage-works to be drawn up and published, together with an estimate of its cost and a statement of the proportion of such cost which the State Government proposes to defray, and a schedule of the lands which it is proposed to make chargeable in respect of the scheme.

The persons authorised by the State Government to draw up such scheme may exercise all or any of the powers conferred on the Canal-officers by section 14.

Anannual rate, in respect of such scheme, may be charged, by according to rules to be made by the State Government, on the owners of all lands which shall, in the manner prescribed by such rules, be determined to be so chargeable.

Such rate shall be fixed, as nearly as possible, so as not to exceed either of the following limits:-

(1) Six per cent.perannum on the first cost of the said works, adding thereto the estimated yearly cost of the maintenance and supervision of the same, and deducting the from the estimated income, if any, derived from works, excluding the said rate :

(2) In the case of agriculturalland, the sum which under rules then in force for the assessment of land-revenue,might be assessed on such land on account of the increase of the annual value orproduce thereof caused by the drainage-work.

Such rate may be varied fromtime to time, within such maximum, by the State Government. So far as any defect to be remedied is due to any canal, water-course, road or other work or obstruction, constructed or caused by the State Government or by any person, a proportionate share of the cost of the drainage-works required for there medy of the said defect shall be borne by such Government or such person, as the case may be.

Any such drainage-rate may be collected and recovered in manner provided by sections 45, 46 and 47 for the collection and recovery of water-rates.

Whenever, in pursuance of a notification made under section 55, any obstruction is removed or modified, or whenever any drainage-work is carried under section 57, all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction or the construction of such work may be made before the Collector, and he shall deal with the same in the manner provided in section 10.

No such claim shall be entertained after the expiration of one year from the occurrence of the loss complained of, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
Last updated on August, 2016

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